Biotech
Wednesday, November 13th, 2024 7:24 pm EDT
Key Points
- Patent Infringement Lawsuit: Dr. Shirin Towfigh is suing Medtronic, accusing the company of stealing her patented hernia mesh design after they signed a non-disclosure agreement and discussed a potential collaboration in 2015. Towfigh claims that Medtronic’s 2017 patent filing for a hernia mesh product closely resembles her own design, which she had been developing to address post-surgery complications specifically in women.
- Patent Approval and Launch of Dextile: Towfigh’s patent was approved in October 2019, and Medtronic launched a similar hernia mesh product, Dextile, in May 2020. Towfigh alleges that after raising concerns with Medtronic about the similarities between their designs, she was shown a pre-market sample of the product, which she claims was nearly identical to her patented design.
- Previous Legal Issues for Medtronic: This is not the first patent infringement lawsuit against Medtronic. The company has faced previous lawsuits, including a $23.5 million judgment in 2014 for copying spinal technology and a $1 billion settlement with Edwards Lifesciences over patent infringement regarding heart valve technology. Medtronic was also ordered to pay $106.5 million in 2020 for a similar issue involving Colibri Heart Valve.
Dr. Shirin Towfigh, a Beverly Hills-based surgeon with over 22 years of experience, is suing Medtronic, a global leader in medical devices, alleging that the company stole her patented design for a hernia mesh product specifically tailored for women. Towfigh discovered, through her work with hernia patients, that women experienced significantly more post-surgery complications than men, partly because existing mesh designs were primarily developed for male anatomy. In response to this, Towfigh developed a new hernia mesh design that she believed would improve outcomes for female patients. She filed for an international patent in 2016 to protect her innovation.
In 2015, Towfigh and Medtronic met and signed a mutual non-disclosure agreement, after which she visited Medtronic’s manufacturing site in France in 2016 to discuss a potential collaboration and share her patent-pending design. However, Towfigh alleges that Medtronic filed its own hernia mesh patent in May 2017, which closely resembled her design. The lawsuit, filed in U.S. District Court in Delaware, accuses Medtronic of stealing Towfigh’s intellectual property. Towfigh claims she repeatedly followed up with Medtronic over the next few years about her concerns, but progress was minimal. In a 2019 email exchange, Towfigh expressed concern that Medtronic’s design was strikingly similar to hers, to which a Medtronic representative denied the claim. Subsequently, Towfigh was offered a position as the chief medical officer of Medtronic’s hernia division, which she declined.
In 2020, Towfigh was presented with a pre-market sample of Medtronic’s new hernia mesh product, Dextile, which she claims was nearly identical to her patented design. Towfigh was deeply disturbed, stating that she went “pale” when she saw the product in person for the first time. Towfigh’s international patent was approved in October 2019, and Medtronic launched its hernia mesh product in May 2020. Towfigh is suing Medtronic for damages, although the amount is not yet specified.
This lawsuit is not the first time Medtronic has faced allegations of patent infringement. In 2014, Dr. Mark Barry sued Medtronic, accusing the company of infringing on his patents for spinal technology. The court found that Medtronic had “recklessly copied” Barry’s technology and awarded him $23.5 million. In the same year, Medtronic agreed to pay over $1 billion to settle patent litigation with Edwards Lifesciences over claims that its CoreValve product infringed on Edwards’ transcatheter heart valve patent. Additionally, in 2020, Colibri Heart Valve sued Medtronic for violating its patent related to heart valve replacement, and the company was ordered to pay $106.5 million.
Medtronic, for its part, responded to Towfigh’s lawsuit by stating that it respects the intellectual property rights of other innovators, though the company is currently reviewing her complaint.
For the full original article on CNBC, please click here: https://www.cnbc.com/2024/11/13/beverly-hills-surgeon-sues-medtronic-for-patent-infringement.html
