Boston Scientific Announces Court Decision Upholding Denial of Preliminary Injunction Against TAXUS Drug-Eluting Stent
(May 28, 2004) -- Boston Scientific Corporation (NYSE: BSX) announced today that the U.S. Court of Appeals for the Federal Circuit has affirmed a decision by the U.S. District Court in Wilmington, Delaware, which denied a motion by Cordis Corporation, a subsidiary of Johnson & Johnson, seeking a preliminary injunction against Boston Scientific's TAXUS™ drug-eluting stent. The District Court had issued its decision in November 2003, and Cordis appealed the denial of the injunction. Cordis had sought the injunction in a case accusing the TAXUS stent of infringing a Cordis patent. That case is scheduled for trial in June 2005, along with a case in which Boston Scientific accuses Cordis' CYPHER™ drug-eluting stent system of infringing two Boston Scientific patents. Boston Scientific has asserted four other patents against the CYPHER system, in a case scheduled for trial in October 2005.
Boston Scientific is a worldwide developer, manufacturer and marketer of medical devices whose products are used in a broad range of interventional medical specialties. For more information, please visit: www.bostonscientific.com.
This press release contains forward-looking statements. The Company wishes to caution the reader of this press release that actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with litigation, clinical trials, the regulatory approval process, commercialization of new technologies and other factors described in the Company's filings with the Securities and Exchange Commission.