Boston Scientific Corporation (Boston Scientific), a US-based medical device company, said the US Court of Appeals has upheld the District Courts decision that Johnson & Johnson’s (J&J), a company engaged in manufacturing and sales of health care products, Bx Velocity and Cypher Stent Systems infringed its patent. The company stated that US Court of Appeals, while passing the decree, also declared its stent patent a valid one.
The company said that Appeals Court reversed the District Court’s decision with respect to the TAXUS Liberte Stent and instructed the latter to dismiss with prejudice the infringement claims against the same. The Court of Appeals also 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.
Further, the Court also affirmed that Boston Scientific’s Liberte Stent infringes a second J&J patent and that the patent is valid. The company said that damages will be determined in a future court proceeding.
Damages will be determined in a future court proceeding.
“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,” said Jim Tobin, president and chief executive officer of Boston Scientific. “We consider the outcome of this appeal to be highly positive.”