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Medinol Suits Serve As Legal Burr To Boston Scientific, J&J Stent Units

This article was originally published in The Gray Sheet

Executive Summary

An ongoing summary judgement hearing on the Medinol v. Boston Scientific, et al. stent case is scheduled to conclude Dec. 16

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Boston Scientific stent litigation

Delaware jury finds Nir stent - developed by Medinol and acquired by Boston Scientific - infringing one of Johnson & Johnson's Palmaz patent claims in March 24 retrial case. Monetary damages will be determined at a yet-to-be-scheduled hearing. The ruling will not affect Boston Scientific's future sales because the firm no longer markets stents on the Nir platform (1"The Gray Sheet" Dec. 8, 2003, p. 23)...

Boston Scientific stent litigation

Delaware jury finds Nir stent - developed by Medinol and acquired by Boston Scientific - infringing one of Johnson & Johnson's Palmaz patent claims in March 24 retrial case. Monetary damages will be determined at a yet-to-be-scheduled hearing. The ruling will not affect Boston Scientific's future sales because the firm no longer markets stents on the Nir platform (1"The Gray Sheet" Dec. 8, 2003, p. 23)...

Litigation In Brief

Medinol v. Boston Scientific: Injunction against sales of Boston Scientific Express stents and 30% royalty payments to Medinol on Taxus drug-eluting stents applies only to The Netherlands, Hague district court rules. Court finds device infringes one Dutch counterpart of four European patents asserted by Medinol. Boston Scientific, which will appeal the decision, notes that "neither the injunction nor potential damages will be material," because total 2003 sales of the devices in The Netherlands will be only about $10.6 mil. Meanwhile, Medinol's request for cross-border relief in 16 European countries is denied. The ruling follows a June 24 Dusseldorf, Germany district court finding that Boston Scientific infringed Medinol patents in that country (1"The Gray Sheet" June 30, 2003, p. 22). Related New York federal court litigation between the firms is ongoing (2"The Gray Sheet" Dec. 8, 2003, p. 23)...

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