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Boston Scientific wins patent infringement verdict.

Boston Scientific Corporation (Natick, MA) said that a United States District Court jury in Delaware found that Johnson & Johnson's (New Brunswick, NJ) CYPHER drug-eluting stent infringes a Boston Scientific patent and that Johnson & Johnson's CYPHER, Bx VELOCITY, Bx SONIC, and GENESIS stents infringe a second Boston Scientific patent. The jury also upheld the validity of both patents. The jury determined only liability; money damages and any other relief will be determined subsequently. The court has not yet set a post-verdict schedule.

"We are very pleased with the jury's verdict. It confirms our belief that we have fundamental intellectual property covering drug-eluting stent technology and stent design," said Paul A. LaViolette, Boston Scientific's Chief Operating Officer.

Cordis Corporation (Miami, FL), a Johnson & Johnson company, will ask United States District Court Judge Sue Robinson to overturn the jury finding that Boston Scientific's Ding and Jang patents are valid and infringed by Cordis' stent products. If the verdict is not overturned, Cordis will appeal to the Court of Appeals for the Federal Circuit in Washington, DC.

The Ding patent claims a two-layer drug coating on a drug eluting stent. The Jang patent claims specific stent geometry.

A new jury will subsequently consider the amount of damages and whether the infringement was willful.

Also, a jury will subsequently determine damages owed to Cordis, based on a jury finding last month that Boston Scientific's Taxus drug-eluting stent and its Liberte and Express bare metal stents infringe Cordis' Palmaz patent on balloon expandable stents. That jury also found the bare metal Liberte stent infringes another Cordis patent -- the Gray patent -- which relates to flexible balloon expandable stents and expires in 2016.

Boston Scientific is a worldwide developer, manufacturer, and marketer of medical devices whose products are used in a broad range of interventional medical specialties. Cordis Corporation develops and manufactures interventional vascular technology. Through research, development and innovation, physicians worldwide are better able to treat the millions of patients who suffer from vascular disease.

Boston Scientific Corporation +1-508-650-8569

Cordis Corporation +1-732-524-3350
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Publication:BIOTECH Patent News
Geographic Code:1USA
Date:Jun 1, 2005
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