by Lynn Shapiro
, Writer | January 20, 2009
Johnson & Johnson said The Court of Appeals for the Federal Circuit in Washington, D.C., has found Boston Scientific Corporation's Ding stent patent invalid, and has reversed a 2005 jury decision finding that J&J's Cypher-Sirolimus-eluting stent infringed on Boston's patent.
The original jury verdict was rendered in July 2005 in Wilmington, Delaware. Boston Scientific had claimed that its Ding patent covered a two-layer drug coating for its stent, which the Appeals Court found to be "obvious" in light of earlier-issued patents, J&J said.
In the same court, Boston Scientific is appealing a $703 million judgment against J&J, after a jury found that several of Boston's stents infringed on J&J patents. J&J's Cordis unit makes its stents.
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