Canadian court dismisses Cordis stent patent suit against Boston Scientific

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The Canadian Federal Court has dismissed a lawsuit in which Johnson & Johnson’s Cordis accused Boston Scientific’s NIR stent of infringing two of Cordis’ Palmaz stent patents.

The court found that Boston Scientific’s NIR stent did not infringe one patent of Cordis, and found that the other Cordis patent was invalid based on evidence presented in a trial that took place earlier this year, according to the Natick, Mass.-based Boston Scientific.

The Miami Lakes, Fla.-based Cordis also has filed a second lawsuit in Canada in which the company accuses Boston Scientific’s Express and Taxus Express stents of infringing the same two patents, the company said.

"The ruling affirms our position that our products do not infringe these patents," said Paul LaViolette, Boston Scientific’s chief operating officer. "We also believe our Express and Taxus Express coronary stents do not infringe—as alleged by Johnson & Johnson— and are hopeful the court will reach the same conclusion."