Court Rejects Two Medtronic Patents, Reduces Boston Scientific Obligations


September 2, 2008

September 2, 2008 - Boston Scientific Corp. this past week said the U.S. District Court of Marshall, TX found two patents of Medtronic Inc. unenforceable for inequitable conduct during the prosecution of the patents before the U.S. Patent and Trademark Office.

A jury had previously found certain Boston Scientific balloon catheters and stent delivery systems infringed three Medtronic patents and that the patents were valid. The jury awarded damages of $250 million. As a result of the Aug. 29 decision, the damages are reduced to about $19 million. Following a prior decision by the court, Medtronic and Boston Scientific had agreed to reduce the jury verdict to approximately $186 million.

Boston Scientific plans to appeal the remaining $19 million damage award to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.

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