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Jury verdict in Medtronic v. Boston Scientific case

By Michael Smith

Medical device cases continue to provide - by a factor of four - the largest patent verdicts in the district's history, this time with Medtronic achieving a verdict against Boston Scientific.  Tuesday a jury in Judge Ward's court in Marshall returned a verdict in the Medtronic v. Boston Scientific case, 2:06cv78.  The jury found that nine of the defendant's "stent delivery catheters" infringed the asserted claims of the Anderson '364 patent, that ten infringed the asserted claims of the Fitzmaurice '358 and '057 patents.  The jury found that the defendant had not shown by clear and convincing evidence that the asserted claims of the three patents were invalid as anticipated, obvious, or for failure to satisfy the written description requirement or for not being enabled (a phrase only a patent lawyer could love).
On damages, for the the Anderson patent the jury first wrote in $250 million (the total amount for both patents), but scratched that out and inserted $83 million instead.  On the Fitzmaurice patents, the jury wrote in $167 million.  On the bright side for Boston Scientific, this is only a little more than half the amount assessed against them in their last case earlier this year.

Full post as published by Eastern District of Texas Federal Court Practice on May 29, 2008 (boomark / email).