Judge Burke recommends the Court permit Brigham and Women’s Hospital to intervene in Endoheart AG litigation against Edwards Lifesciences Corporation

Magistrate Judge Christopher J. Burke recently issued a Report and Recommendation recommending that the Court grant Brigham and Women’s Hospital’s (“BWH”) Motion to Intervene.  Endoheart AG v. Edwards Lifesciences Corporation, C.A. No. 14-1473-LPS-CJB (D. Del. Nov. 6, 2015).  BWH sought to intervene “in order to be able to press its claim . . . that it is entitled to a declaratory judgment that it is the owner of United States Patent No. 8,182,530 (“the ‘530 patent”) and to certain patent applications related to the ‘530 patent (collectively, “the inventions”).”  Id. at 1-2.  Plaintiff Endoheart AG claimed that it was the rightful owner of the ‘530 patent, the patent in suit.  Id. at 2.  Endoheart argued that the motion to intervene was not timely filed because it was filed seven months after Endoheart filed its complaint and four months after the Court entered a case schedule.  Id. at 3-4.  Judge Burke disagreed noting that the case is in its early stages, with trial not scheduled until March 2017, and any discovery related to BWH’s declaratory judgment claim would be narrowly focused.  Id. at 4.  Judge Burke also found that BWH sufficiently met its burden to make a prima facie showing that it has an ownership interest in the inventions.  Id.at 5-6.  Last, Judge Burke found that intervention would be appropriate because otherwise no party would be asserted that BWH is the rightful owner of the inventions.  Id. at 7.

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