A federal judge in Texas has denied Boston Scientific’s request for a new trial in a patent infringement case involving drug-eluting stents that led to a $501 million award for a radiologist.
In February, a federal jury in East Texas found that Boston Scientific's Taxus stent infringed patents of radiologist Bruce N. Saffran, awarding him $431.9 million. A judge later added $69.4 million in pre-judgment interest.
Boston Scientific filed post-trial motions before the U.S. District Court for the Eastern District of Texas, which included its push for a new trial, but Judge T. John Ward denied the motions on July 9.
The Natick, Mass.-based Boston Scientific said it would appeal to a higher court if its motions in the Texas court were unsuccessful.
“We plan to appeal the jury verdict to the U.S. Court of Appeals,” said Boston Scientific spokesman Paul Donovan. “The verdict is unsupported by both the evidence and the law, and we believe we will prevail on appeal.”
Saffran's attorneys at the law firm Dickstein Shapiro said that they were pleased with Ward's denial of the company’s motions, which included a request to reduce the damages award to $13.3 million and give Saffran the option of accepting that amount, or to grant a new trial.
Saffran filed suit against Boston Scientific in late 2005, alleging the Taxus stents infringed a patent he owned that is valid until 2013.