Doctor Files Patent-Infringement Suit Vs Abbott Over Stents
August 26 2009 - 9:39AM
Dow Jones News
A doctor who succeeded in a patent-infringement battle against
Boston Scientific Corp. (BSX) over heart stents has filed suit in
federal court against Abbott Laboratories Inc. (ABT), alleging
Abbott has also infringed upon his stent patent.
The complaint from Dr. Bruce N. Saffran, a New Jersey
radiologist, was filed in the U.S. District Court for the Eastern
District of Texas on Monday. He alleges that Abbott's "Xience"
medicated stent, a small device used to prop open heart arteries
and keep them from narrowing due to scar tissue, infringes a patent
from 1997 that he owns.
"Abbott believes that this patent is not valid and its product
does not infringe," Abbott spokeswoman Adelle Infante said in
response. "We will vigorously defend ourselves against these
allegations."
Saffran filed the infringement suit against Boston Scientific
over the same patent and in the same court in December 2005. He
also filed a suit against Johnson & Johnson (JNJ), which also
makes heart stents, in October 2007 over the same issue.
The case against J&J is scheduled for trial in mid-2011,
J&J noted in a quarterly filing made earlier this month with
the Securities and Exchange Commission.
In the Boston Scientific case, a jury in February 2008 awarded
Saffran $431 million in damages, and a judge later added $69
million in pre-judgment interest. While Boston Scientific appealed
the case, the two sides struck a deal in March this year over a
reduced amount, which Boston Scientific covered with a $50 million
charge in the first quarter.
Abbott's Xience stents have been on sale outside the U.S. for
about three years and reached the U.S. market last summer. Boston
Scientific also sells Xience under the name "Promus," then shares
profits with Abbott under a deal linked to the companies' purchase
of Guidant Corp. in 2006.
Boston Scientific's legal battle with Saffran involved the
company's "Taxus"-brand stents.
-By Jon Kamp, Dow Jones Newswires; 617-654-6728;
jon.kamp@dowjones.com