Cordis Corporation v. Boston Scientific Corp., et al., No. 03-027-SLR, May 11, 2006.
Robinson, J. Juries found for plaintiff against defendants in separate trials. Defendants’ motions for JMOL are denied. Plaintiff’s motion for JMOL or new trial on infringement and invalidity of ‘021 patent is denied. BSC’s motion for reconsideration of the “without prejudice” aspect of order dismissing claims against one product is denied.
A jury trial was held from 6/13/05 to 6/20/05 for Cordis’ claims against BSC. A separate trial was held from 6/21/05 to 7/1/05 for BSC’s infringement claims against Cordis. The technology relates to expandable stents used to treat diseased blood vessels. The jury in the first trial found BSC literally infringed and induced infringement. It found the patents were neither anticipated nor obvious. After the second trial, the jury found Cordis infringed one patent literally and another under the doctrine of equivalents, and that neither patent was invalid. The court upheld the jury verdicts and declined to conduct a new trial.
