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Boston Scientific/Medinol dispute

This article was originally published in The Gray Sheet

Executive Summary

Boston Scientific wins the latest round in a long-running patent dispute with stent maker Medinol May 5 when a World Intellectual Property Organization arbitration panel ruled that Boston Scientific's Liberté and Taxus Liberté stents do not infringe Medinol patents. Medinol requested the arbitration in 2006 (1"The Gray Sheet" Feb. 27, 2006, In Brief). In 2005, Boston Scientific paid $750 million to settle infringement claims related to its Express and first-generation Taxus stents. Under the settlement, Medinol cannot sue Boston Scientific again for patent infringement, but can through arbitration seek royalties for past and future sales of other stents through 2017. Medinol has the right to appeal the most recent arbitration ruling to another WIPO panel

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