Boston Scientific loses appeal in J&J case
This article was originally published in The Gray Sheet
Executive Summary
Court of Appeals for the Federal Circuit in Washington, D.C., finds Boston Scientific's "Ding" patent for a drug-eluting stent coating system to be invalid as obvious over prior art. The ruling overturns a 2005 jury verdict in the U.S. District Court of Delaware that found the patent was valid and infringed by Johnson & Johnson/Cordis' Cypher sirolimus-eluting stent (1"The Gray Sheet" June 19, 2006, In Brief). Boston says it is considering options for challenging the decision
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U.S. District Court for Delaware June 15 upholds a 2005 jury determination that Johnson & Johnson/Cordis' Cypher sirolimus-eluting stent infringes Boston Scientific's "Ding" patent for non-thrombogenic polymer technology. Cordis had asked the court to overturn the 2005 jury verdict and now says it will appeal the decision by District Court Judge Sue Robinson (1"The Gray Sheet" July 4, 2005, p. 5). The ruling is Robinson's third in six weeks on patent disputes between the sparring drug-eluting stent manufacturers. Prudential Equity Group senior medical device analyst Larry Biegelsen said in a June 15 research note that the continuing stent intellectual property battle between the two firms is "unlikely to have a substantial financial impact on either party"...
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