Cordis Corporation today announced that a U.S. District Court jury in Wilmington, Delaware found that Boston Scientific's Taxus drug-eluting stent and its Liberte and Express bare metal stents infringe Cordis' pioneering Palmaz patent for balloon expandable stents, and that the bare metal Liberte stent also infringes another Cordis patent - the Gray patent - which relates to flexible balloon expandable stents and expires in 2016.
A new jury is scheduled to convene in August for a trial to determine the amount of damages owed to Cordis and whether the infringement was willful. If the jury finds willful infringement, U.S. District Court Judge Sue Robinson can as much as triple the damages judgment.
Earlier in the trial, Judge Robinson dismissed "without prejudice" Cordis' claims that Boston Scientific's drug-eluting version of the Liberte stent infringes both the Palmaz and Gray patents, indicating the court had no jurisdiction to hear the claims now because that stent is not currently marketed in the United States.
"We are confident that the finding of infringement of the Gray patent by the bare-metal Liberte stent will also apply to the drug-eluting version of Liberte, and Cordis will strongly assert its patent claim against it if and when the product is launched," said Nick Valeriani, Worldwide Chairman, Cardiovascular Devices and Diagnostics. "Today's findings of infringement against the Taxus, Liberte and Express stents - together with previous findings of infringement by Boston Scientific's NIR stent - reinforces the strength of Cordis' deep patent estate on balloon expandable stents."
Cordis Corporation, a Johnson & Johnson company, is a worldwide leader in developing and manufacturing interventional vascular technology. Through research, development and innovation, physicians worldwide are better able to treat the millions of patients who suffer from vascular disease.