Cordis Corporation v. Boston Scientific Corporation, et al., C.A. Nos. 03-027-SLR and 03-283-SLR, September 24, 2007.
Robinson, J. Cordis’ motion for judgment as a matter of law or for a new trial is denied.
The technology in dispute relates to the medical device market for interventional cardiology, in particular stent technology. In June, 2005, cross-claims of infringement were tried to two separate juries. BSC was found to infringe certain claims, and Cordis was also found to infringe some claims of of the patents in suit. Post trial motions were resolved in a memorandum opinion dated 5/11/06. Cordis subsequently moved for reconsideration, JMOL, and a new trial based on newly discovered evidence. Cordis asserts that the court should use the claim construction advocated by the inventor in California litigation and enter judgment of noninfringement based on that construction. The court acknowledges it can revise its claim construction at any time prior to entry of final judgment, but declines to overturn the jury verdict which would nullify a multitude of proceedings. The motion for new trial based on newly discovered evidence concerning the incidence of late thrombosis is denied. The evidence is found in an FDA statement that identifies an additional medically acceptable risk associated with the use of DES and which is only possibly due to stent thrombosis. The proffered evidence is too speculative and may well inflame the jury.
A copy of the full opinion is available here.
