February 2011
Archives:
February 14, 2011 -- 5:00pm EST
Laser Wars: Volcano Vindicated on OCT Trade
Secret Suit
Last
week the Superior Court of Massachusetts entered a Final
Judgment in the latest round of "Laser Wars" being
waged between Volcano Corporation (NASDAQ: VOLC) and St. Jude
Medical (NYSE: STJ). Both companies "lasered up" a
few years ago...and that has led to their "lawyering up" --
remember "Stent
Wars"?
In fact, Dr. Julio Palmaz, co-inventor of the first
angioplasty balloon exandable Palmaz-Schatz stent, told
me last year that the biggest thing an inventor needed to understand
was just how much time he'll be spending in court, defending his
patent. That certainly is the case with the laser technology used
in a new generation of intravascular imaging catheters, called OCT
(Optical Coherence Tomography) which can be used to image the inside
of a coronary artery, look at a stent's positioning, whether it has
healed correctly, etc.
So here's the "prequel". First Volcano acquired
CardioSpectra in December 2007, followed by Axsun
Technologies a year later, setting course for development and
manufacture of a future OCT technology. Another year later and St.
Jude Medical acquired LightLab, which had been developing OCT
and had just gained FDA approval. The complicating factor was that
Volcano's new subsidiary Axsun manufactured LightLab's laser!
So a number of law suits were filed on both sides
and the results of the latest round were announced last week. Both
companies issued press releases and it seemed that both were claiming
victory (see "St.
Jude Versus the Volcano"). The Court did find that Volcano
and Axsun had violated the unfair competition clauses of Massachusetts
State Law 93A, and fined them $600,000. Volcano also has to pay for
St. Jude's mandatory attorneys' fees and costs -- the price tag:
$4.5 million. (Another example of why my mother was right and I shoulda
been a lawyer!)
But importantly for Volcano, the Court agreed with
a jury verdict from October and threw out any claims of patent or
trade secret violation. As for the fines? LightLab originally claimed
damages in the amount of $200 million and legal fees of $8.9 million,
so the Court settlement was for half the legal fees and 0.3% of the
damage claims.
Volcano's General Consul and Senior VP, Darin Lippoldt
stated in an email to Angioplasty.Org that "Volcano is well-positioned
financially, and this does not impact us in the short or long term." And
he wrapped up the case findings, as follows:
Both the jury and the Court found that
only three items were misappropriated, none of which are relevant
to or used in either Volcano’s or Axsun’s business.
Those three items are: (1) specification for a laser that Axsun
no longer supplies to LightLab; (2) specification for a laser
that Axsun currently supplies to LightLab; and (3) a 2008 Axsun
laser prototype, that is not being used for any purpose. In
the litigation, LightLab claimed that Axsun/Volcano misappropriated
hundreds of other trade secrets and that Volcano used those
misappropriated trade secrets in its OCT program, and that
Axsun used them in the development of its OCT laser. However,
LightLab lost all of those claims.
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There still is outstanding litigation (does it
ever stop?) but the important news for Volcano is that they are now
free to move forward with their OCT platform. According to Lippoldt:
For over two years, St. Jude and LightLab
alleged that we misappropriated their trade secrets in building
our OCT system. The court vindicated us in that regard, and
we can now proceed with our development without the distraction
of those allegations against us.
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Need I say, stay tuned? Like a laser...
February 8, 2011 -- 8:15pm EST
Fractional Flow Reserve: A "How-To" Guide
for Cardiologists
I've
written a lot about Fractional
Flow Reserve, or FFR, in the past -- and the fact that
it's a simple tool that can be used during an angiogram to
assess the actual obstruction to the volume of blood flow being
caused by an arterial blockage. Sure you can SEE a blockage
on the fluoroscopic image, but should you stent it?
The results of the by now well-known FAME
study indicate that a third of the blockages between 50% and
90% (as seen on the angiogram) actually had an FFR measurement
of greater than 80% (meaning that the obstruction of flow was less
than 20%, even though the blockage looked more significant on the
angiogram). Most importantly, treating those blockages with angioplasty
and stenting resulted in worse outcomes at one year -- results
which have remained constant now three years later. For more information,
read our
exclusive interview with Dr. Nico Pijls, co-principal investigator
for FAME.
The bottom line is that fractional flow reserve
guidance reduced the number of stents used by one-third while producing
improved clinical outcomes by...one-third. A no-brainer: better results
for patients, lower costs for the healthcare system. What's not to
like?
So in the December 1 issue of Catheterization
and Cardiovascular Interventions (Volume 76, Issue 7, pages
978 –985), colleagues of Dr. Pijls, headed by Dr. Bernard De Bruyne
of Belgium, published a "how-to" guide on FFR titled, "Practical
tips and tricks for the measurement of fractional flow reserve".
The abstract states:
Coronary pressure measurement has emerged
as one of the most promising tools to assist interventional
cardiologists to make accurate clinical decisions. Fractional
flow reserve (FFR) is a simple way of reliably assessing the
functional consequences of coronary atherosclerosis. The training
in FFR is easy, and coronary pressure measurements can be obtained
swiftly in the catheterization laboratory. This review outlines
the practical set up of FFR in the catheterization laboratory
and also discusses the potential pitfalls in the measurement
of FFR.
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FFR wires are manufactured by Volcano Corporation
(NASDAQ: VOLC) and St. Jude Medical (NYSE: STJ), via St.
Jude's acquisition of Radi Medical Systems of Sweden. Catheterization
and Cardiovascular Interventions is the official journal of The
Society for Cardiovascular Angiography and Interventions (SCAI).
The advantages of FFR in decision-making for multivessel
PCI are well-documented. Learn how to do one today!
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