The U.S.Court of Appeals for the Federal Circuit in Washington, D.C. has affirmed a lower-court ruling that denied a preliminary injunction sought by interventional technology developer Cordis against the Taxus drug-eluting stent manufactured by Boston Scientific.
A decision on the injunction was announced in November 2003, and Cordis appealed the denial of the injunction. Cordis had sought the injunction in a case accusing the Taxus stent of infringing a Cordis patent. That case is scheduled for trial in June 2005, along with a case in which Boston Scientific accuses Cordis' Cypher drug-eluting stent system of infringing two Boston Scientific patents.
Boston Scientific has asserted four other patents against the Cypher system, in a case scheduled for trial in October 2005, according to the Natick, MA-based company.
Cordis, a Warren, NJ-based subsidiary of Johnson & Johnson, said the court confirmed that it is likely to prevail at trial on the merits of claims that its core patent on balloon-expandable stents is valid and infringed by Boston Scientific's Taxus stent, but found no irreparable harm from denial of the injunction.
In other Boston Scientific news, MRI device developer Biophan Technologies reported that it has completed phase I of a three-part joint development program with Boston Scientific.
The companies have already begun the next two phases, in which Biophan will receive additional payments and will extend Boston Scientific's first right to negotiate the licensing of Biophan technologies that result from the companies' joint development efforts, according to the Rochester, NY-based firm.
By AuntMinnie.com staff writersMay 31, 2004
Related Reading
Boston Scientific touts Taxus VI clinical results, May 26, 2004
Cordis releases stent study data, May 26, 2004
Boston Scientific hails strong Taxus sales in U.S., May 18, 2004
Cordis recalls instructions for biliary stent, May 10, 2004
Boston Scientific ups stake in Aspect, April 9, 2004
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