A Medical Device Daily
Boston Scientific (Natick, Massachusetts) reported that a jury in Delaware issued a verdict in a retrial of patent litigation between it and Johnson & Johnson (J&J; New Brunswick, New Jersey).
The jury found that a single claim of J&J's Palmaz patent was valid and infringed by the NIR stent, which was designed and manufactured by Medinol (Tel Aviv, Israel) and formerly sold by Boston Scientific.
The jury only determined liability; any monetary damages will be determined in a later hearing. In addition, there are likely to be significant post-verdict motions and hearings, as well as an appeal of the decision, the company said.
The court has not yet set a post-verdict schedule.
Boston Scientific no longer markets or sells the NIR stent. Indeed, the company also is in litigation with its former partner over claims that it secretly established a factory in Ireland to manufacture Medinol stents in violation of their previous agreements
Medinol's charges stem largely from a failed attempt by Boston Sci to purchase the firm. The company was originally a valued supplier of stents to Boston Scientific, but the American firm then sought to purchase Medinol, in an attempt, it said, to better control its supplies. But Medinol rejected the proposed buyout, saying Boston Sci never made an offer that was commensurate with its value.
Boston Sci said the jury's findings in the J&J case will not affect its ability to sell its Taxus Express paclitaxel-eluting stent system or its next-generation Taxus Libert paclitaxel-eluting stent system.