J&J Cypher Case Could Bring Patent Issue Before Supreme Court

A patent case involving Johnson & Johnson’s Cypher stents may be a vehicle for the Supreme Court to rule on Federal Circuit deference to district court findings in construing patent claims. The high court will decide by Oct. 31 whether to grant the petition brought by radiologist Bruce Saffran, who originally sued J&J in 2007 over his ’760 patent. The patent covers a device, such as a stent, where the direction of the medicine released is controlled with chemical bonds and can be targeted to a specific body site.
Devices & Diagnostics Letter