Boston Scientific announces dismissal of Johnson and Johnson patent lawsuit in Canada

May 8 2008

Boston Scientific Corporation announced today that the Canadian Federal Court has issued judgment in a lawsuit in which Johnson & Johnson had accused the Company's NIR(R) stent of infringing two Johnson & Johnson Palmaz patents.

The Court dismissed Johnson & Johnson's lawsuit, found that the Company's NIR stent did not infringe one patent of Johnson & Johnson, and found that the other Johnson & Johnson patent was invalid. The trial had taken place earlier this year. Johnson & Johnson recently filed a second lawsuit in Canada in which the Company's Express(R) and TAXUS(R) Express(R) stents are accused of infringing these same two patents.

"We are very pleased with the decision by the Canadian Federal Court dismissing this case," said Paul LaViolette, Boston Scientific Chief Operating Officer. "The ruling affirms our position that our products do not infringe these patents. We also believe our Express and TAXUS Express coronary stents do not infringe -- as alleged by Johnson & Johnson -- and are hopeful the Court will reach the same conclusion."

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