Jury Rules Against Boston Scientific in Patent Lawsuit
A Texas jury on Feb. 12 found Boston Scientific Corp.'s drug-coated stents infringe a 1997 patent and awarded $432 million in damages to the patent holder.
February 13, 2008 at 12:00 PM
3 minute read
The original version of this story was published on Law.com
A Texas jury on Feb. 12 found Boston Scientific Corp.'s drug-coated stents infringe a 1997 patent and awarded $432 million in damages to the patent holder.
The suit brought in 2005 by patent holder Dr. Bruce N. Saffran, a radiologist in Princeton, N.J., did not seek to halt sales of the stents.
The jury in U.S. District Court in Marshall, Texas, awarded Saffran the royalties he sought from sales of two models of Boston Scientific stents from 2004 through September 2007. The $431.9 million total reflects an 8 percent royalty on U.S. sales and a 6 percent royalty on foreign sales.
Saffran's patent primarily described how fractures could be healed more quickly if a thin, flexible sheet of material with tiny pores is used to control the flow of large molecules into and out of the wounded bone. The patent also described how the invention could apply to stents, which are used to prop open arteries after blockages have been cleared.
The award covers Natick, Mass.-based Boston Scientific's top-selling product, the Taxus Express, sold in the U.S. since 2004 and now available globally.
Boston Scientific said in a statement it will seek to overturn the verdict in post-trial motions, and will appeal if those efforts fail.
A Texas jury on Feb. 12 found
The suit brought in 2005 by patent holder Dr. Bruce N. Saffran, a radiologist in Princeton, N.J., did not seek to halt sales of the stents.
The jury in U.S. District Court in Marshall, Texas, awarded Saffran the royalties he sought from sales of two models of
Saffran's patent primarily described how fractures could be healed more quickly if a thin, flexible sheet of material with tiny pores is used to control the flow of large molecules into and out of the wounded bone. The patent also described how the invention could apply to stents, which are used to prop open arteries after blockages have been cleared.
The award covers Natick, Mass.-based
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