Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly


In one of the largest awards ever in a U.S. patent matter, a Texas jury has ordered Boston Scientific to pay $431.8 million in damages after ruling the company's made-in-Minnesota heart stents infringe on a doctor's patent. Natick, Mass.-based Boston Scientific said Tuesday the federal court jury in Marshall, Texas, ruled the company's Taxus Express and Taxus Liberte stents infringed on the patent of Dr. Bruce Saffran, an interventional radiologist in New Jersey. The jury also found Saffran's 11-year-old patent is valid.

In a statement, Boston Scientific said it believed the jury's verdict is unsupported by both the evidence and the law. As a result, the company said it would seek to overturn the verdict in post-trial motions and, if unsuccessful, appeal to the U.S. Court of Appeals.

"We do not intend to record a charge at this time because we believe we will prevail on appeal," said company spokesman Paul Donovan.

Barbara Wrigley, a patent attorney with Oppenheimer Wolff & Donnelly in Minneapolis who was not involved with the case, said the jury award easily stands as one of the 10 largest ever in the U.S. An appeal likely would take about two years, Wrigley estimated, and the matter could drag on even longer if the case is then sent back to the lower court for reconsideration.

"It's not unusual for an individual inventor to win an award like this," Wrigley said, adding a jury's perception is of a David-like underdog going up against a Goliath-like
corporation.

Stents are metal mesh tubes used to prop open heart arteries, and the Taxus stent has generated billions in sales for Boston Scientific's stent division in Maple Grove. The stent is coated with drugs that prevent arteries from re-clogging - a development that helped make stents blockbuster products in 2003 and 2004.

Gary Hoffman, an attorney who represented Saffran, said his client came up with the essential concept behind drug coated-stents while completing his residency at a hospital in Boston. Saffran worked at home with makeshift materials in coming up with the idea for placing a layer of material on devices that could "directionally deliver a drug to damaged tissue," Hoffman said.

Saffran applied for a patent in 1995 and received it two years later, said Hoffman, who is with Dickstein Shapiro in Washington, D.C. It is valid, he said, until 2013. The inventor also has a lawsuit against New Jersey-based Johnson & Johnson, which has dominated the drug-coated stent market along with Boston Scientific.

"Dr. Saffran is an independent inventor, and his contributions to the advancement of medical technology needed to be recognized and rewarded," Hoffman said.

Saffran still is considering whether to seek an injunction against the sale of the Taxus products, Hoffman said.

Johnson & Johnson won such an injunction last year in a separate patent case involving a Medtronic spinal product, which Fridley-based Medtronic had to remove from the market.

To Larry Kurland, a partner in the intellectual property group with the St. Louis-based law firm Bryan Cave, said the award speaks volumes about the attitude of juries in the eastern district of Texas like the one that heard the case. That district, lawyers say, has a reputation for being plaintiff-friendly.

"They tend to believe if you've got a patent ... you must have done something that makes you entitled to something," Kurland said.


Legal News | Breaking News | Terms & Conditions | Privacy | Law Firm Web Design, Attorney Website Design by Law Promo

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case.
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
New Rochelle Accidents Attorneys
New Rochelle Personal Injury
www.kboattorneys.com
Chicago Business Lawyer
Cook County Contract Law
www.rothlawgroup.com
Canton Criminal Lawyer
Canton DUI lawyer
www.cantoncriminalattorney.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
Houston Car Accident Attorneys
Wrongful Death Attorneys Houston
Houston Wrongful Death
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Indianapolis personal injury lawyer
Brain injury lawyer Indianapolis
www.rwp-law.com
Eugene Bankruptcy Attorney
Bankruptcy Attorney Eugene
willamettevalleybankruptcy.com
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Voice
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Law Firm Logos
  Eugene Criminal Defense Law
  Attorney Web Design
  Immigration Law Web Design
  Law Firm Directory