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Canadian Court dismisses patent lawsuit against Boston Scientific

Boston Scientific has announced that the Canadian Federal Court has issued judgment in a lawsuit in which Johnson & Johnson had accused the company's NIR stent of infringing two Johnson & Johnson Palmaz patents.

The Court dismissed Johnson & Johnson’s lawsuit, found that the company’s NIR stent did not infringe one patent of Johnson & Johnson, and found that the other Johnson & Johnson patent was invalid.

Johnson & Johnson recently filed a second lawsuit in Canada in which the company’s Express and Taxus Express stents are accused of infringing these same two patents.

Paul LaViolette, COO of Boston Scientific, said: “The ruling affirms our position that our products do not infringe these patents. We also believe our Express and Taxus Express coronary stents do not infringe as alleged by Johnson & Johnson and are hopeful the Court will reach the same conclusion.”