Boston Scientific Sued Over Pacemaker Deal, Settles Patent Suit

Just as Boston Scientific wrapped up a years-long fight over stent patents, the Natick-based medical device manufacturer was hit with another suit by the family of the inventor of the pacemaker, alleging a secret deal.

The family of Dr. Michel Mirowski, who invented the implantable cardioverter defibrillator, accused Boston Scientific of clandestinely settling a suit with rival St. Jude Medical, cutting Mirowski out of roughly $570 million in royalties and damages. The settlement was designed to cover up false testimony in an earlier patent infringement case, Mirowski alleges.

The 10-count suit, filed last week in U.S. District Court in Maryland, accused Boston Scientific of breach of contract, constructive fraud and unjust enrichment, among other allegations. The suit claims Boston Scientific violated its contract with Mirowski by failing to pass along any of its settlement proceeds from the St. Jude case.

Boston Scientific, though, got another lawsuit off its plate Tuesday, when it announced a settlement in a multinational squabble with OrbusNeich, a vascular device specialist. OrbusNeich first sued Boston Scientific in 2009, alleging the company had violated its patent with many of its stents, including the popular Promus Element and new Promus Premier.

BostonScientific will make a one-time, undisclosed payment to OrbusNeich, settling cases in Germany, Ireland, the Netherlands, the U.K. and Massachusetts.

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