The U.S. District Court in Wilmington, DE has upheld a jury verdict that found a Boston Scientific stenting device did not infringe on a patent held by New Brunswick, NJ-based Johnson & Johnson. In addition, the court has granted Natick, MA-based Boston Scientific a new trial on the issue of damages.
According to the original verdict, the NIR(R) closed-cell stent marketed had infringed one claim of one patent owned by Johnson & Johnson. However, the jury found that Boston Scientific did not violate five other patent claims.
In addition, the U.S. District Court judge determined that two Johnson & Johnson patents were unenforceable on the grounds of inequitable conduct.
In December of 2000, a jury had awarded $324.4 million in damages to Johnson & Johnson. This award has now been set aside.
Regardless of the outcome of the new damages trial, the company will appeal any future infringement judgment, according to Jim Tobin, president and CEO of Boston Scientific.
By AuntMinnie.com staff writersMarch 29, 2002
Related Reading
Boston Scientific gets CE Mark for FilterWire, September 10, 2001
Boston Scientific debuts IVUS product, August 28, 2001
Boston Scientific, Endotex team up in carotid stenting, July 25, 2001
Boston Scientific, Guidant bury hatchet, May 17, 2000
Copyright © 2002 AuntMinnie.com
