Boston Scientific loses patent case

A federal court has ruled that a drug-coated stent sold by Johnson & Johnson does not infringe on a patent held by Boston Scientific Corp.

In a ruling handed down Wednesday, US District Judge Sue Robinson in Delaware granted a motion by New Jersey-based J&J’s Cordis unit for summary judgment, saying, ‘‘based on the evidence of record, no reasonable juror could find for Boston Scientific on the issue of infringement.’’

The patent relates to a method for treating or preventing heart disease through a particular kind of medicinal therapy, in this case the drugs used on the stents.

J&J's Cypher and Boston Scientific's Taxus are currently the only drug-coated heart stents available on the US market.

Stents are tiny mesh tubes used to prop open arteries that have been cleared of plaque that had been clogging the vessel. The drug coating helps prevent the formation of scar tissue that can reclog the arteries.

Boston Scientific, of Natick, had previously prevailed in lower courts in patent disputes that involved the stent itself and the polymer used to bind the medicine to the stent.

‘‘We are considering our options," Boston Scientific spokesman Paul Donovan said.

‘‘We remain focused on the two cases we won in the lower courts and we expect those rulings to stand,’’ Donovan said.

Johnson & Johnson said it would have a comment later today.
(Reuters)