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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?

There is a time limit on patent protection.

For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.

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Infringe

Definition:
To make, use or sell the patented item or process within the country covered by the patent, without permission or license from the patentee.

Canceled

Definition:
Trademark registration is no longer viable. It may be due to the registrant's failure to file the required continued use affidavit under Section 8 of the Trademark Act.

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