Medtronic Vascular Inc. v. Abbott Cardiovascular Systems, Inc.

ORDER GRANTING SUMMARY JUDGMENT IN PART AND DENYING SUMMARY JUDGMENT IN PART

The parties’ cross-motions for summary judgment came on for hearing on September 24, 2008 before this court. Plaintiffs, Evysio Medical Devices ULC (“Evysio”) and various Medtronic entities (collectively “plaintiffs” or “Medtronic”), appeared through their counsel, Richard S. Florsheim, Cynthia Franecki, and Robert A. Van Nest. Defendants Abbott Cardiovascular Systems, Inc., Abbott Laboratories, and Abbott Vascular, Inc. (“Abbott”) and intervenor Boston Scientific Corporation (“BSC” or “intervenor”) (collectively “defendants”) appeared through their counsel Gerald F. Ivey, Michael Morin, James R. Barney, Robert F. McCauley, Kurt Glitzenstein, and Frank Scherkenbach. Having read all the papers submitted and carefully considered the relevant legal authority, the court hereby GRANTS the motions for summary judgment in part and DENIES the motions for summary judgment in part, for the reasons stated at the hearing, and as follows.

BACKGROUND

Plaintiff Evysio is the assignee and owner of U.S. Patent Nos. 6,858,037 (the “'037 patent”) and 7,094,255 (the “'255 patent”). The various Medtronic entity plaintiffs…