Boston Scientific (NYSE:BSX) took a time-out from the tsuris over CEO Ray Elliott’s impending retirement to crow over a $19.5 million jury award in one of its stent wars with Johnson & Johnson’s (NYSE:JNJ) Cordis Corp.*
The case is one of two before Judge Susan Robinson of the U.S. District Court for Delaware, who ruled that separate juries would consider the penalty phases back in 2009.
Cordis won its June 2005 lawsuit against Boston Scientific, which accused the Natick, Mass.-based stent pioneer of infringing two of its patents (known as the "Palmaz ‘762" and "Gray ‘406" patents) with its Express, Taxus Express and Liberté stents.
But BSX won the suit it filed in July 2005 over the so-called "Jang ‘021" patent, which the Cordis Cypher and BX Velocity stents were found to infringe, but a federal court threw out its allegation of infringement of the "Ding ‘536" patent.
Now the jury in the latter case has decided that BSX deserves $18.5 million in lost profits and $1 million in royalties, according to Boston Scientific.
It’s the latest blow to a beleaguered J&J, which is struggling to manage a string of damaging recalls issued by its medical device and over-the-counter medicine divisions. And it’s not even the most recent round in the BSX-Cordis Stent Wars. Last month, Judge T. John Ward of the U.S. District Court for Eastern Texas upheld a jury award of $482 million and added $111.4 million in prejudgment interest to the damages already won by Dr. Bruce Saffran.