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Court Of Appeals Upholds Ruling For Boston Scientific In Stent Patent Case
New York, NY - In a major victory for Kenyon & Kenyon LLP and client Boston Scientific Corporation, the Court of Appeals for the Federal Circuit upheld a lower court ruling that the company does not infringe four Medtronic patents relating to coronary stents.
Stents are tiny scaffolds used to hold arteries open after angioplasty procedures that clear blockages in the arteries. In the suit, Medtronic asserted infringement by the NIR® stent sold by Boston Scientific. Medtronic was seeking hundreds of millions of dollars in damages based on U.S. sales of the NIR® stent.
In 2005, Judge Robinson of the U.S. District Court in Delaware granted summary judgment of non-infringement, finding that the NIR® stent does not infringe the Medtronic patents. Medtronic appealed that decision.
The Court of Appeals for the Federal Circuit upheld Judge Robinson’s ruling in all respects, agreeing that Boston Scientific's product was not within the scope of the Medtronic patents.
Douglas E. Ringel of Kenyon & Kenyon LLP argued the motion for summary judgment that was affirmed on appeal. Kenyon & Kenyon partners Albert J. Breneisen, Walter E. Hanley, Jr. and Elizabeth Holland briefed the summary judgment motion and the opposition to Medtronic’s appeal with Mr. Ringel.
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