Boston Scientific Takes the Win in Stent War Against Cordis

More than $19 million in patent infringement damages was awarded to Boston Scientific Corp. from Johnson & Johnson’s Cordis Corp this week. The case, concerning 2.25-millimeter stents, Cordis’ Cypher and Boston Scientific’s Velocity, began when both companies alleged patent infringement in 2003. Last month, Cordis was denied a request to delay the jury trial which ultimately found them at fault. A separate jury also ruled that Cordis infringed the patent in 2005.

“They knew they didn’t have permission [to use the protected inventions] but they went ahead anyway,” Paul A. Bondor, a lawyer for Boston Scientific, told jurors.

Natick, Mass.-based Boston Scientific sought $34 million in damages, which equated to more than half of Cordis’ sales of the Cypher stent.

Gregory Diskant, a lawyer representing North Plainfield, N.j.-based Cordis, said that although the company “didn’t have a license” to sell the stent, Boston Scientific was overreaching in its damage claim.

Cordis’ payment includes $18.5 million in lost profit and $1 million in royalties. In an emailed statement, Cordis spokeswoman Sandy Pound said that Cordis is currently considering whether further legal action is necessary.

“We are pleased to see the jury recognized the value of our intellectual property,” Hank Kucheman, Boston Scientific’s cardiology group president said in an emailed statement. “This is an important outcome in protecting our market position.”

U.S. District Court for Delaware Judge Sue Robinson presided over the case, which was one among several between the two companies; in 2009, Cordis received $716 million from Boston Scientific to settle 14 patent infringement suits for stent technologies.