Business Litigation - Written by Jere Beasley on Wednesday, November 19, 2008 16:12 - 0 Comments

Judge awards $1.2 billion judgment to Johnson & Johnson

A federal court judge in Delaware has awarded Johnson & Johnson $1.2 billion in an 11-year patent battle with Medtronic Inc. and Boston Scientific Corp. over devices that prop open heart arteries after they’re cleared of fat. Medtronic was ordered by the judge to pay about $521 million and Boston Scientific to pay about $703 million in the dispute over the patent for the Palmaz balloon expandable stent. The judgments entered by Judge Sue Robinson include accrued interest over eight years of $324 million against Natick, Massachusetts-based Boston Scientific and $271 million against Minneapolis-based Medtronic.

The companies had been fighting over the basic technology for heart stents, which are tiny mesh tubes inserted in arteries. Johnson & Johnson’s patents have expired and the specific stents involved in the case are no longer being sold. The companies were still arguing over details about the patents and the question of whether a new trial on damages should be held. Judge Robinson reinstated the awards and refused to grant a new trial in a case where four trials already have been held over liability and two over damages. The company, which took a charge against some of its liability in the third quarter of its fiscal 2008, may appeal the interest award.

Source: Bloomberg




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