Boston Scientific has won a second stent-related legal dispute with Johnson & Johnson: the US federal Court of Appeals has affirmed the decision of the Delaware District Court that four J&J patents are invalid.
As part of a 2007 suit, Johnson & Johnson claimed that Boston Scientific’s Promus everolimus-eluting coronary stent system infringed four patents related to drug and polymer stent coatings.
“We are pleased with the Court’s confirmation that all four Johnson & Johnson patents are invalid,” said Hank Kucheman, Executive VP and Group President, Cardiology, Rhythm and Vascular for Boston Scientific. “Boston Scientific will continue to vigorously defend against charges of infringement so that we can continue to provide our Promus products to patients in the US.”
The decision follows the recent US jury trial’s verdict that Cordis, a J&J company, had infringed a Boston Scientific patent with its small-vessel Cypher stent.