01 Feb 2010 Cases

Cordis Corp. v. Boston Scientific Corp. and Scimed Life Systems, Inc.

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Last February, Boston Scientific agreed to pay $1.725 billion to our client, a unit of Johnson & Johnson, to settle claims of infringement of patents for coronary stents. As reported in The New York Times, this was “the largest sum ever paid to resolve patent litigation over a medical device.” Compass Lexecon’s Daniel R. Fischel provided two Expert Reports and deposition testimony during the extended dispute, and Rajiv Gokhale issued a Declaration. Professor Fischel estimated Boston Scientific’s profits from infringement and also opined that the benefits of the infringement to Boston Scientific and its executives justified the possibility of an enhanced penalty for willful infringement. Gokhale filed a Declaration focused on Boston Scientific’s financial condition. We were retained by and worked with Greg Diskant and Kim Landsman of Patterson Belknap Webb & Tyler LLP. The Compass Lexecon team in Chicago included Brad Reiff and Tim Guimond.

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