The team is joined by GuestKats Mirko Brüß, Rosie Burbidge, Nedim Malovic, Frantzeska Papadopolou, Mathilde Pavis, and Eibhlin Vardy
InternKats: Rose Hughes, Ieva Giedrimaite, and Cecilia Sbrolli
SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Hayleigh Bosher (Book Review Editor), and Tian Lu (Asia Correspondent).

Thursday, 2 February 2006


Here’s some Kitty Litter – but this time with consequences. Businessweek reports that Lehman Brothers issued a research note concerning a Dutch patent case between Angiotech and Biosensors International Group. Angiotech is suing Biosensors for patent infringement in Holland, alleging that Biosensors has infringed its patent through selling an Axxion-coated stent. Biosensors then issued a press release stating that a Dutch judge had found that its stent didn’t infringe the Angiotech patent.

As a result, Lehman issued a research note on Angiotech’s competitior Conor Medsystems Inc. This note said that "the fact that Biosensors was able to prove non-infringement with a paclitaxel stent increases the likelihood of a positive outcome" for Conor. Conor appears to have challenged the validity of Angiotech's patents for using paclitaxel to coat stents.

In fact, the Dutch court had only issued a preliminary injunction and the case has not yet gone to full trial. This caused Lehman Brothers to issue an embarrassing climb-down stating:

"After clarifying the ruling, it appears to be much less of a positive for (Conor) and much less of a negative for (Angiotech) than we originally thought suggesting today's trading in both names may be over-reactions."
The misinformation appears to have been at least partially responsible for Angiotech shares reaching a 51-week low and Conor shares reaching a 52-week high yesterday afternoon.

The IPKat says that it pays to know your basic civil procedure, not to mention IP law.

No comments:

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':