Federal Circuit Affirms $42 Million Award in Boston Scientific v. Cordis Corporation

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Boston Scientific has prevailed in the appeal of its lawsuit against Cordis Corporation.  Boston Scientific alleged in the lawsuit that Cordis’ 2.25 mm Cypher Sirolimus DES coronary stent infringed U.S. Pat. No. 5,922,021, entitled “Intravascular Stent”.  Figure 1A from the ‘021 Patent is shown below:

In a per curiam decision, the Federal Circuit affirmed, without further comment, the District Court’s March 2012 decision, which awarded Boston Scientific enhanced damages based on a finding of willful infringement of the ‘021 patent.  The total award to Boston Scientific was approximately $42 million.  A 32% royalty rate was assessed on sales of Cypher stents not included in the judgment.

The ‘021 patent was previously subject to ex parte re-examination, and a re-examination certificate issued on April 17, 2012.  According to a Cordis press release, Cordis discontinued manufacturing Cypher and Cypher Select Plus Sirolimus-Eluting Coronary Stents at the end of 2011.

Bryan Wahl
Bryan W. Wahl is a partner in our Orange County office. He specializes in intellectual property protection, infringement studies, financings, and strategic transactions especially with respect to medical devices and biotechnology.
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