A U.S. District Court in Wilmington, DE, has upheld jury decisions in favor of Johnson & Johnson subsidiary Biologics Delivery Systems Group, Cordis against interventional device firm Boston Scientific of Natick, MA, the companies reported.
One jury had found that Boston Scientific's Express and Taxus Express products infringed the J&J Palmaz stent patent and that its Liberté product infringed the same patent and the J&J Gray stent patent. The J&J Palmaz stent patent that was found to be infringed by the Express, Taxus Express, and Liberté products expired in November 2005. The J&J Gray stent patent expires in 2016.
In a second decision, the judge in the case upheld the portion of a July 2005 jury verdict that found Boston Scientific's Jang patent to be valid and infringed, under the doctrine of equivalents, by Cordis' Cypher sirolimus-eluting coronary stent and Bx Velocity family of stent products. The Jang patent claims specific stent geometry.
The Court has not yet ruled on post-trial motions with regard to Boston Scientific's drug-coating patent, which a second jury also found was infringed by the J&J Cypher product.
Cordis said it will appeal the judge's decision on the Jang patent to the Court of Appeals for the Federal Circuit in Washington, D.C.
By AuntMinnie.com staff writers
May 12, 2006
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