Boston Scientific Scores a Victory in Stent War with Cordis

The ongoing battle between Boston Scientific Corp. and Johnson & Johnson’s Cordis Corp. intensified this week when Boston Scientific won a motion for summary judgment of infringement, while Cordis was denied a request to delay jury trial.

The case concerns 2.25-millimeter stents; Boston Scientific and Cordis are the only U.S. manufacturers of these models.

Both companies alleged patent infringement in 2003. The jury ruled in favor of Boston Scientific on the grounds that Cordis’ Cypher and BX Velocity stents were in violation of the patent; the ruling was upheld on appeal.

The case will resume May 5, with U.S. District Court for Delaware Judge Susan Robinson presiding over the case.

It is one of few wins for Boston Scientific in recent years. The company paid $716 million to Cordis in 2009 to settle 14 patent infringement suits for stent technologies. Not included in that group was a lawsuit regarding a drug-eluting stent. In February, Boston Scientific was denied a request to suspend the lawsuit pending review by the U.S. Patent and Trademark Office because it would give an unfair disadvantage to Cordis.