Boston Scientific, a global medical device manufacturer based in Natick, Massachusetts, recently lost a patent war against Cardium Therapeutics, a healthcare company based in San Diego, California. The disputed patent is based on Cardium Therapeutics' gene therapy technology that is used in the treatment of coronary heart disease.
According to a press release by Cardium Therapeutics, the company first filed a patent for its gene therapy technology with the European Patent Office. In 2006, the company's claim for its patent was upheld by the United States Court of Appeals for the Federal Circuit. The appeal upheld three of Cardium Therapeutics' patents.
Cardium Therapeutics' technology employs the use of transient cardiac ischemia to enhance transfection and gene delivery efficiency after an intracoronary dosage of adenovector in a mammalian heart. According to information from the company, two back-to-back periods of coronary artery occlusion increased both transgene expression and adenovector presence (when combined with the administration of nitroglycerin). Adenovector presence was measured by PCR, and transgene expression was assessed by luciferase activity.
Tyler Dylan-Hyde is the general counsel and chief business officer at Cardium Therapeutics. In a prepared remarks, he stated, "The resolution of these important reviews of our gene therapy patents, and the consistent decisions in our favor including rulings by the U.S. courts of appeal, underscore the value of our patent portfolio, which we believe reflects a breakthrough approach to the treatment of coronary heart disease."