source: Boston Scientific Corporation

Court Grants Boston Scientific
Request For Injunction In
Paclitaxel-Coated Stent Dispute With Cook
Court enjoins sales under Cook-Guidant distribution agreement and prohibits use of Guidant clinical data

Natick, MA (October 1, 2002) -- Boston Scientific Corporation (NYSE: BSX) today announced that the U.S. District Court for the Northern District of Illinois granted its request for a permanent injunction in the dispute between Boston Scientific and Cook, Inc. over Cook's agreements with Guidant Corporation relating to the development and distribution of paclitaxel-coated stents.

The Court enjoined activities under the August 16, 2001 agreements between Cook and Guidant and enjoined Cook from distributing paclitaxel-coated stents through another party in a manner inconsistent with Cook's and Boston Scientific's co-exclusive license agreement with Angiotech Pharmaceuticals, Inc. In addition, the Court prohibited any commercial use of Guidant clinical data generated in connection with the Cook agreements, including obtaining regulatory approval to sell paclitaxel-coated stents in the United States or elsewhere.

In 1997, Boston Scientific entered into an agreement with Angiotech and Cook under which Boston Scientific and Cook were granted co-exclusive rights to use paclitaxel to coat stents. In 2001, Cook and Guidant announced a series of agreements by which, among other things, Cook would enable Guidant to sell paclitaxel-coated stents. Boston Scientific challenged these agreements as a violation of the co-exclusive Angiotech agreement. In June 2002, the Court found these agreements to be "neither authorized, permitted, nor lawful," and characterized them as a "sham." Today's ruling grants Boston Scientific's request for an injunction to remedy this breach.

"We're obviously very pleased with the Court's decision," said Jim Tobin, President and Chief Executive Officer of Boston Scientific. "It is welcome news and comes on the heels of last week's announcement of excellent data from our first large drug-eluting stent trial as well as encouraging initial data from our U.S. trial."

Boston Scientific is a worldwide developer, manufacturer and marketer of medical devices whose products are used in a broad range of interventional medical specialties.

This press release contains forward-looking statements. The Company 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 litigation, clinical trials, the regulatory approval process, commercialization of new technologies and other factors described in the Company's filings with the Securities and Exchange Commission.


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Boston Scientific Corporation

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Boston Scientific Corporation