Patent Law Updates | New Settlements and Verdicts

June 2, 2008

Texas Jury Awards Medtronic $250M in Damages in Patent Suit, But Boston Scientific Vows to Fight Verdict

Medtronic Vascular, Inc. et al. v. Boston Scientific Corp., et al.
Case No. 2-06-CV78-TJW, U.S. District Court for the Eastern District of Texas, Marshall Division, 5/27/2008

Holding:

A jury sitting in a Texas district court found that Boston Scientific Corp. infringed three patents owned by Medtronic, Inc., and awarded Medtronic $250 million in damages. Specifically, the jury in the U.S. District Court for the Eastern District of Texas found that Boston Scientific’s balloon catheter and stent delivery systems infringed two Fitzmaurice patents and one Anderson patent relating to angioplasty catheters and balloons, and awarded $83 million as reasonable royalty for infringement of the Anderson patent, and $167 million as reasonable royalty for infringement of the two Fitzmaurice patents. On the issue that the patent claims were invalid because they were anticipated, obvious, not enabled, or failed to satisfy the written description requirement, the jury likewise found in favor of plaintiffs. In its company announcement, Boston Scientific declared that it would seek a reversal of the adverse verdict, claiming that the jury failed to consider its defenses.

Detailed Summary:

Plaintiff Medtronic Vascular, Inc., Medtronic USA, Ins., Medtronic, Inc., and Medtronic Vascular Galway, Ltd. (“Medtronic”) are engaged in medical technology to treat conditions such as diabetes, heart disease, neurological disorders, and vascular illnesses. Defendant Boston Scientific Corp., Scimed Life Systems Inc., Boston Scientific Scimed, Inc. (“Boston Scientific”) are engaged in the development and marketing of medical devices used in a broad range of interventional medical specialties. The patents at issue in this suit were the Fitzmaurice patents that covered angioplasty catheters with narrowed distal ends, which improve the deliverability of angioplasty catheters. On the other hand, he Anderson patent covered semicompliant…

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Companies Mentioned

Boston Scientific Corp.

Boston Scientific Scimed, Inc.

Medtronic USA, Inc.

Medtronic Vascular Galway, Ltd.

Medtronic Vascular, Inc.

Medtronic, Inc.

Scimed Life Systems Inc.

More Updates

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Microsoft Corp.

Stryker Corp.

Samsung Electronics America, Inc.

Cordis Corp.

Boston Scientific Scimed, Inc.

U.S. Patent and Trademark Office

Stryker Sales Corp.

Stryker Orthopaedics

Howmedica Osteonics Corp.

Acumed, LLC

Quanta Computer, Inc.

Sanyo North America Corp.

LG Electronics, Inc.

Smith & Nephew, Inc.

Cohesive Technologies, Inc.

Waters Corp.

Swisa, Inc.

Egyptian Goddess, Inc.

Motorola, Inc.

Dror Swisa

Johnson & Johnson, Inc.

Target Corp.

Sears Holding Corp.

Kohl’s Department Stores, Inc.

K-Mart Corp.

J.C. Penney Company, Inc.

Audiovox Communications Corp.

Glamourmom LLC

McKesson Information Solutions, Inc.

Federated Department Stores

Bridge Medical, Inc.

Elizabeth Lange LLC d.b.a. Liz Lange Maternity

United States Patent and Trademark Office

SmithKline Beecham PLC

Smithkline Beecham Corp. (d.b.a. GlaxoSmithKline, plc.)

SmithKline Beecham Corp. d.b.a GlaxoSmithKline

Scimed Life Systems Inc.

HT Window Fashion Corp.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Ortho-McNeil Pharmaceutical, Inc.

Ranbaxy, Inc.

Mylan Pharmaceutical, Inc.

Teva Pharmaceuticals USA, Inc.

Mylan Laboratories, Inc.

Nokia, Inc.

Abbott Laboratories

Therasense, Inc.

Toshiba Corp.

Osteotech, Inc.

Additional Resources

Patent Law