J&J Wins Appeal in Stent Case

A federal appeals court has ruled that Johnson & Johnson did not infringe upon a patent held by Boston Scientific. The court found that Boston Scientific's patent, for a drug-coated stent, was moot because it was "obvious and therefore invalid" as simply a variation of known technology.

Stents are mesh metal devices used for keeping heart arteries open after they have been cleared of fatty plaque. Stents are sometimes covered with a drug to prevent arteries from reclogging.

The decision overturned a jury verdict in 2005 that Johnson & Johnson did infringe on Boston Scientific's patent. The District Court judge in that case decided to take the jury verdict as an "advisory decision," which Johnson & Johnson appealed.

Boston Scientific had almost $2 billion in revenue over the first three quarters of 2008, but took a $62 million loss over the same time period. The company spent $334 million in litigation expenses, just in the third quarter of 2008.

Boston Scientific said it is considering its options for challenging the decision.

by BizJournals.com

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