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Court of Appeals Overturns 2005 Patent Verdict Against Cordis

Posted on: Thursday, 15 January 2009, 12:23 CST

WARREN, N.J., Jan. 15 /PRNewswire/ -- The Court of Appeals for the Federal Circuit in Washington, D.C. today found Boston Scientific Corporation's Ding patent invalid, and reversed a 2005 jury finding that Cordis Corporation's CYPHER(R) Sirolimus-eluting Coronary Stent infringed that patent.

Cordis is very pleased with this significant Court decision.

The original jury verdict was rendered in July 2005 in Wilmington, Delaware. The Ding patent had claimed a two-layer drug coating for a drug-eluting stent, which the Appeals Court found to be obvious in light of earlier issued patents.

About Cordis Corporation

Cordis Corporation, a Johnson & Johnson company, is a worldwide leader in the development and manufacture of interventional vascular technology. Through the company's innovation, research and development, Cordis partners with interventional cardiologists worldwide to treat millions of patients who suffer from vascular disease.

More information about Cordis Corporation can be found at www.cordis.com.

SOURCE Cordis Corporation


Source: PR Newswire

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User Comments (1)

1. Posted by Duncan Williams on 01/18/2009, 09:33
This Federal Circuit ruling is a result of the new standard set forth in the Supreme Court ruling of KSR v Teleflex (2007). The asserted prior art contained all the elements of the claim arranged in the same order as the claim, but were distributed among two separate embodiments of the claim. Before KSR, there needed to be an explicit statement that the two embodiments should be combined in order to render the patent claim invalid. After KSR, no explicit motivation to combine the two embodiments is necessary to render a patent invalid for obviousness. KSR was issued after Boston Scientific won the jury trial, but before Cordis appealed to the Federal Circuit. Expect to see a lot more patents bite the dust in this manner in the near future compliments of KSR. For more info, see my post at http://duncanlaw71.com.

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