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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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Your invention may already be patented.

Public users may perform preliminary searches of patent information in a variety of formats including on-line, microfilm, and print at the United States Patent and Trademark Office (USPTO) Public Search Facility located in Alexandria, VA. State of the art computer workstations provide automated searching of patents issued from 1790 to the current week of issue. Full document text may be searched on U.S. patents issued since 1971 and OCR text from 1920 to 1970. U.S. patent images from 1790 to the present may be retrieved for viewing or printing. Some foreign patent documents are available.

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 Helpful Patent Terms

Notice of Abandonment

Definition:
A written notification from the USPTO that an application has been declared abandoned or, in other words, is no longer pending. If the application was abandoned unintentionally or due to Office error.

Substitute Patent Application

Definition:
An application which is in essence a duplicate of a prior (earlier filed) application by the same applicant abandoned before the filing of the substitute (later filed) application.

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