Tuesday, September 25, 2007

Johnson & Johnson loses to Boston Scientific over coated stent

Johnson & Johnson tried to prove non-infringement of a claim of a Boston Scientific patent by asserting that J&J's product did NOT have a "non-thrombogenic" coating, that is, a coating that does not cause clots. Presenting evidence that J&J's accused product (Cypher) has a significant clotting problem, J&J tried to evade the scope of Boston Scientific's claim, although perhaps, in so doing, J&J might not be encouraging users of Cypher.

Going back to earlier discussion on IPBiz, the judge noted that the FDA had concluded that it was not clear whether the drug-coating or some other aspect of the devices was at fault. Thus, J&J's argument failed at trial court, and J&J infringes.

The current situation evokes memories of the patent wars in the early radio industry. The juries in the stent cases have decided that each company has infringed patent claims of patents owned by the other. Sort of a Mexican standoff that might require a licensing solution.

[BARNABY J. FEDER of the NYT has coverage.]


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