Medtronic v. Boston Scientific
This article was originally published in The Gray Sheet
Executive Summary
Federal court in Marshall, Texas, finds that two of the three Medtronic patents allegedly infringed upon by certain Boston Scientific balloon angioplasty catheters and stent delivery systems are unenforceable due to "inequitable conduct" by Medtronic, Boston Scientific announces Aug. 29. A jury previously found that 10 of the Boston Scientific devices infringed Medtronic's Anderson and Fitzmaurice patents, and awarded $250 million in damages, later reduced to $186 million (1"The Gray Sheet" June 2, 2008, p. 16). As a result of the Aug. 29 decision, the damages were further reduced to $19 million. However, Boston Scientific says it plans to appeal the award in Washington, D.C., federal appeals court. Medtronic also says it is evaluating an appeal