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Jury Rules Against Boston Scientific

March 25, 2005

Boston Scientific's NIR stent -- a device designed and manufactured by Israel-based Medinol that Boston Scientific no longer markets or sells -- was found to infringe upon a single claim of Johnson & Johnson's (J&J's) Palmaz patent, a Delaware jury ruled.

The jury only determined liability, and any monetary damages will be set in a later hearing. There are likely to be postverdict motions and hearings, as well as an appeal of the decision, Boston Scientific said in a statement. The court has not yet set a postverdict schedule.

Boston Scientific said the findings will not affect its ability to sell its Taxus or its next-generation drug-eluting stent called Liberté. J&J spokesman Jeffery Leebaw, however, commented that, "The patent found valid and infringed by Boston Scientific's NIR stent is also being asserted against Boston Scientific's Express and Taxus stents in a case that will be tried in June."