source: Boston Scientific Corporation

Court Denies Cook Motion in Paclitaxel-Eluting Stent Dispute with Boston Scientific


NATICK, Mass., Dec. 17 -- Boston Scientific Corporation (NYSE: BSX) announced today that the U.S. District Court for the Northern District of Illinois denied without prejudice a motion by Cook, Inc. related to the Court's Oct 1, 2002 permanent injunction order in the dispute over Cook's agreement with Guidant to distribute paclitaxel-eluting stents.

In the motion, Cook had asked the court to rule that the injunction does not prohibit a proposed structure under which Cook would purchase stents, balloon catheters and assemblies from Guidant for the purpose of obtaining regulatory approval and marketing paclitaxel-eluting stents in Europe.

The injunction prohibits Cook from distributing paclitaxel-eluting 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 injunction prohibits the use of clinical and other data generated in connection with the Cook/Guidant agreements for any commercial purpose, including obtaining regulatory approval to sell paclitaxel-eluting stents in the United States or elsewhere.

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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Milan Kofol (508-650-8569)
Investor Relations
Boston Scientific Corporation

Paul Donovan (508-650-8541)
Media Relations
Boston Scientific Corporation