NATICK, Mass., Aug. 29 - Boston Scientific
Corporation (NYSE: BSX) today announced that the U.S. District Court of
Marshall, Texas found two patents of Medtronic, Inc. (NYSE: MDT)
unenforceable for inequitable conduct during the prosecution of the patents
before the United States Patent and Trademark Office.
A jury had previously found that certain Boston Scientific balloon
catheters and stent delivery systems infringed three Medtronic patents and
that the patents were valid. The jury awarded damages of $250 million. As a
result of today’s decision, the damages are reduced to approximately $19
million. Following a prior decision by the Court, Medtronic and Boston
Scientific had already agreed to reduce the jury verdict to approximately
$186 million.
Boston Scientific plans to appeal the remaining $19 million damage
award to the U.S. Court of Appeals for the Federal Circuit in Washington,
D.C. The Company is confident it will prevail on appeal.
Boston Scientific is a worldwide developer, manufacturer and marketer
of medical devices whose products are used in a broad range of
interventional medical specialties. For more information, please visit:
http://www.bostonscientific.com.
Cautionary Statement Regarding Forward-Looking Statements
This press release contains forward-looking statements within the
meaning of Section 21E of the Securities Exchange Act of 1934.
Forward-looking statements may be identified by words like “anticipate,”
“expect,” “project,” “believe,” “plan,” “estimate,” “intend” and similar
words. These forward-looking statements are based on our beliefs,
assumptions and estimates using information available to us at the time and
are not intended to be guarantees of future events or performance. These
forward-looking statements include, among other things, statements
regarding intellectual property litigation, appeal outcomes and competitive
offerings. If our underlying assumptions turn out to be incorrect, or if
certain risks or uncertainties materialize, actual results could vary
materially from the expectations and projections expressed or implied by
our forward-looking statements. These factors, in some cases, have affected
and in the future (together with other factors) could affect our ability to
implement our business strategy and may cause actual results to differ
materially from those contemplated by the statements expressed in this
press release. As a result, readers are cautioned not to place undue
reliance on any of our forward-looking statements.
Factors that may cause such differences include, among other things:
future economic, competitive, reimbursement and regulatory conditions; new
product introductions; demographic trends; intellectual property;
litigation; financial market conditions; and, future business decisions
made by us and our competitors. All of these factors are difficult or
impossible to predict accurately and many of them are beyond our control.
For a further list and description of these and other important risks and
uncertainties that may affect our future operations, see Part I, Item 1A-
Risk Factors in our most recent Annual Report on Form 10-K filed with the
Securities and Exchange Commission, which we may update in Part II, Item 1A
- Risk Factors in Quarterly Reports on Form 10-Q we have filed or will file
thereafter. We disclaim any intention or obligation to publicly update or
revise any forward-looking statements to reflect any change in our
expectations or in events, conditions, or circumstances on which those
expectations may be based, or that may affect the likelihood that actual
results will differ from those contained in the forward-looking statements.
This cautionary statement is applicable to all forward-looking statements
contained in this document.
CONTACT: Paul Donovan
508-650-8541 (office)
508-667-5165 (mobile)
Media Relations
Boston Scientific Corporation
Larry Neumann
508-650-8696 (office)
Investor Relations
Boston Scientific Corporation
SOURCE Boston Scientific Corporation