Boston Scientific, J&J cardiovascular news
The U.S. Court of Appeals for the Federal Circuit affirmed all but one ruling from a 2007 district court's decision in a patent infringement suit involving stents from Boston Scientific and J&J's Cordis Corp. subsidiary. The CAFC affirmed the district's court decisions that Cordis' Bx Velocity and Cypher stents infringe Boston Scientific's U.S. Patent No. 5,922,021, and Boston Scientific's Taxus Express and Liberte Stents infringe Cordis' U.S. Patents Nos. 4,739,762 and 5,895,406. The CAFC did reverse the lower court's decision to dismiss without prejudice that Boston Scientific's Taxus Liberte Stent infringes the '762 and '406 patents. The CAFC remanded the decision to lower court with instructions to dismiss the infringement suit against the Taxus Liberte stent with prejudice on the basis that the second-generation paclitaxel-eluting stent, was not approved for use in the U.S. when the original suit was filed. The FDA approved the Taxus Liberte stent in October. ...