Press Release
New York, NY- June 1, 2006 - In a major victory for Kenyon & Kenyon LLP and client Boston Scientific Corporation, the Court of Appeals for the Federal Circuit last week upheld a lower court ruling that the company does not infringe four Medtronic patents relating to coronary stents.
Stents are tiny scaffolds used to hold arteries open after angioplasty procedures that clear blockages in the arteries. In the suit, Medtronic asserted infringement by the NIR® stent sold by Boston Scientific. Medtronic was seeking hundreds of millions of dollars in damages based on U.S. sales of the NIR® stent.
In 2005, Judge Robinson of the U.S. District Court in Delaware granted summary judgment of non-infringement, finding that the NIR® stent does not infringe the Medtronic patents. Medtronic appealed that decision.
Last week, the Court of Appeals for the Federal Circuit upheld Judge Robinson’s ruling in all respects, agreeing that Boston Scientific's product was not within the scope of the Medtronic patents.
Douglas E. Ringel of Kenyon & Kenyon LLP argued the motion for summary judgment that was affirmed on appeal. Kenyon & Kenyon partners Albert J. Breneisen, Walter E. Hanley, Jr. and Elizabeth Holland briefed the summary judgment motion and the opposition to Medtronic’s appeal with Mr. Ringel.
About Kenyon & Kenyon LLP
With over 200 lawyers devoted to Intellectual Property, Kenyon & Kenyon is consistently ranked by peers and in-house counsel as one of the top firms for IP. Since its founding in 1879, the firm has provided its worldwide clientele with litigation, prosecution, licensing and counseling services. Large and small enterprises and individuals choose Kenyon to design and implement intellectual property strategies when it matters most. The firm has offices in New York, Washington, DC, and the Silicon Valley.