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.

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