In a memorandum opinion, U.S. District Judge Sue Robinson has determined that Boston Scientific Corporation will prevail in a consolidated case against Johnson & Johnson. Boston Scientific and Boston Scientific Scimed, Inc. (collectively BSC) had filed four complaints against Johnson & Johnson, Inc. and Cordis Corporation (collectively J & J) asking for judgments that certain J&J patents were invalid. The patents are for drug-eluting coronary stents used in treatment of coronary artery disease. J & J had alleged that Boston Scientific's Promus Everolimus-Eluting Coronary Stent System infringed the four patents.

Judge Robinson found all four patents in question to be invalid. The trial on the patents, which would have taken place in February, will not proceed. The court considered federal patent law standards including those of enablement and written description. Judge Robinson stated that J & J did not raise any genuine issue of material fact that its patents did not in fact meet the necessary requirements of written description and/or enablement. For enablement, a specification in a patent must be able to instruct persons skilled in the art how to make and use the full scope of the claimed invention without "undue experimentation." The written description factor requires that persons skilled in the art would be able to recognize a description of the claimed invention.

Ray Elliott, President and Chief Executive Officer of Boston Scientific, stated in a press release: "We are pleased with the Court's finding that all four Johnson & Johnson patents are invalid. Boston Scientific will continue to vigorously defend against any charges of infringement. We continue to attempt to resolve remaining outstanding matters with Johnson & Johnson."

The two companies still have other pending litigation over patents.

The Boston Scientific press release: http://bostonscientific.mediaroom.com/index.php?s=43&item=892

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