Cordis to appeal court ruling upholding Boston Scientific stent patent

By Lisa Kerner

Charlotte, N.C., June 15 - Boston Scientific Corp. said the U.S. District Court in Delaware ruled to uphold a July 2005 jury verdict in a patent case against Johnson & Johnson, denying the company's motion to overturn the verdict.

A jury had found that Cordis/Johnson & Johnson's Cypher stent product infringed a Boston Scientific drug coating patent and that the patent is valid.

Cordis Corp., a Johnson & Johnson company, said it will appeal the decision.

This is the third in a series of decisions in the past six weeks regarding patent disputes between the two companies.

The first decision upheld a June 2005 jury verdict that found Boston Scientific's Taxus stent and its Liberte and Express bare metal stents infringe Cordis' Palmaz and Grey patents for balloon expandable stents.

In the second decision, the court upheld the portion of a July 2005 jury verdict that found Boston Scientific's Jang patent to be valid and infringed by Cordis' Cypher stent and Bx Velocity family of stent products.

No trial dates have been set to determine damages in any of the three cases.

Located in Natick, Mass., Boston Scientific develops, manufactures and markets medical devices used in interventional medical specialties.

Miami-based Cordis develops and manufactures interventional vascular technology.

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