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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 patent

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Did You Know?

A patent protects your invention.

A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

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Classification

Definition:
Patents are classified (organized) in the U.S. by a system using a 3 digit class and a 3 digit subclass to describe every similar grouping of patent art.

Counterpart

Definition:
An application filed in a foreign patent office that is substantially similar to (like) the patent application filed with the USPTO and is based upon some or all of the same invention.

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