Boston Scientific Wins Appeal in Patent Infringement Case Against Johnson & Johnson in the Netherlands
NATICK, Mass., Oct. 13 -- Boston Scientific Corporation (NYSE: BSX - News)
announced today that a Dutch appeals court yesterday overturned a lower court
ruling and reinstated an injunction against the manufacture, use or sale in the
Netherlands of six Johnson & Johnson (NYSE: JNJ - News) products that were found
to infringe a Boston Scientific balloon catheter patent. The infringing products
are the CYPHER® RAPTOR™,
the CYPHER SELECT™, the Bx VELOCITY® RAPTOR™, the Bx SONIC™, the U-
Pass, and the AQUA T3™ and are manufactured by Johnson & Johnson's Cordis
subsidiary in the Netherlands. In June, a court in The Hague upheld the validity
of the Boston Scientific patent and ruled that Cordis infringed the patent, and
in July a court in Assen suspended the enforcement of the injunction, pending
appeal of that decision. As a result of yesterday's appellate court decision,
the injunction is now in full force and effect.
"We are very pleased with the court's decision," said Paul LaViolette, Boston Scientific Chief Operating Officer. "The ruling ensures that our intellectual property rights are protected while at the same time not causing disruptions to customers, given that Cordis stated in a June press release that it does not expect a significant impact on its ability to supply the ex- U.S. marketplace for these products."
The court decision noted that
- ...any potential closure of Cordis' Roden facility or loss of
employment are not the direct consequence of enforcement by Boston
Scientific but rather due to decisions by the management of Cordis.
- ...Boston Scientific was not reluctant to grant a license to Cordis,
which had been the subject of prior discussions between the parties.
Cordis did not want to cooperate because they did not want to be forced
by an -- in their view -- incorrect judgment.
Damages for Cordis' infringing acts in the Netherlands will be determined
at a later date. Cordis' appeal of the validity and infringement ruling
by the Hague court remains pending.
Boston Scientific is a worldwide developer, manufacturer and marketer
of medical devices whose products are used in a broad range of interventional
medical specialties. For more information, please visit: http://www.bostonscientific.com.
This press release contains forward-looking statements. Boston Scientific
wishes to caution the reader of this press release that actual results
may differ from those discussed in the forward-looking statements and
may be adversely affected by, among other things, risks associated
with new product development and commercialization, clinical trials,
intellectual property, regulatory approvals, competitive offerings,
integration of acquired companies, Boston Scientific's overall business
strategy, and other factors described in Boston Scientific's filings
with the Securities and Exchange Commission.
CONTACT:
Milan Kofol
508-650-8569
Investor Relations
Boston Scientific Corporation
Paul Donovan
508-650-8541
Media Relations
Boston Scientific Corporation
Source: Boston Scientific Corporation
|
