Boston Scientific and Johnson & Johnson settle patent disputes

30 Sep 2009

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Boston Scientific Corporation has announced the settlement of more than a dozen lawsuits involving Johnson & Johnson, including the Palmaz-NIR suit.

All the disputes involved intellectual property in the interventional cardiology arena. In connection with the settlement, Boston Scientific will make a payment of $716 million to Johnson & Johnson. The settlement payment is within Boston Scientific's existing reserve for the Palmaz-NIR suit and will be made from existing cash on hand.

"We are pleased we have been able to significantly reduce the amount of outstanding litigation we have with Johnson & Johnson," said Ray Elliott, President and Chief Executive Officer of Boston Scientific. "We continue to work with them to resolve other outstanding matters."

The settlement includes cross licenses for all the patents in the suits, other than the Palmaz patent, which has expired.

The lawsuits are listed below.

  • Cordis Corporation v. Medtronic Vascular, Inc., Boston Scientific Corporation et al., D. Del., CA 97-550;
  • Johnson & Johnson Inc., Expandable Grafts Partnership & Cordis Corporation v. Boston Scientific Ltd./Boston Scientifique LTEE, Canadian Federal Court, Toronto, Ontario docket: T-1822-97;
  • Johnson & Johnson Inc. v. Boston Scientific Ltd./Boston Scientifique LTEE, Canadian Federal Court, Toronto, Ontario docket T-63-08;
  • Boston Scientific Corporation v. Johnson & Johnson, ND Cal., CA 3:02-cv-790;
  • Schneider (Europe) GmbH v. Johnson & Johnson Medical NV, Brussels Court of First Instance under General Docket No. A.R. 04/9656/A/;
  • Schneider (Europe) GmbH v. Cordis Medizinische Apparate GmbH, Dusseldorf District Court, Action No. 4b O 211/07;
  • Schneider (Europe) GmbH v. Cordis, First Instance Court of Paris, Docket No. 06/02.924;
  • Schneider (Europe) GmbH v. Johnson & Johnson Medical S.P.A., Court of Turin;
  • Cordis v. Schneider - Damage request filed August 3, 2009;
  • Boston Scientific Scimed, Inc. v. Cordis Corporation, D. Del., CA 03-283;
  • Boston Scientific Scimed Inc. v. Cordis Medizinische Apparate GmbH, District Court of Mannheim, Civil Division, docket No. 7 O 429/04;
  • Boston Scientific Scimed Inc. v. Cordis Medizinische Apparate GmbH, District Court of Mannheim, Civil Division, docket No. 7 O 18/08;
  • Scimed Life Systems, Inc. v. Cordis Corporation, United States District Court, Minnesota, Civil Action 97-752; and
  • Cordis Corporation v. Scimed Life Systems, Inc., United States District Court, Minnesota, Civil Action 4-96-261.

Boston Scientific is a worldwide developer, manufacturer and marketer of medical devices whose products are used in a broad range of interventional medical specialties.

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