Boston Scientific, a developer, manufacturer, and marketer of medical devices, has reported that the Court of Appeals for the Federal Circuit has issued a positive ruling in the company’s stent litigation with Johnson and Johnson or J&J.
The Court of Appeals upheld the district court’s decision that J&J’s Bx Velocity and Cypher Stent Systems infringe Boston Scientific’s patent and that the patent is valid. The Appeals Court reversed the district court with respect to the Taxus Liberte stent and instructed the district court to dismiss with prejudice the infringement claims against the Taxus Liberte stent.
The Court of Appeals affirmed the district court’s ruling that Boston Scientific’s Express, Taxus Express and Liberte Stents infringe one J&J patent and that the patent is valid. The court also affirmed that Boston Scientific’s Liberte Stent infringes a second J&J patent and that the patent is valid. Damages will be determined in a future court proceeding.
Jim Tobin, president and CEO of Boston Scientific, said: We are gratified the appeals court upheld the finding that the BX Velocity and Cypher stents infringe our patent and the patent is valid, and we are pleased the infringement claims against the Taxus Liberte stent were dismissed with prejudice. We consider the outcome of this appeal to be highly positive.