An initial ruling by a lower court was reversed by the U.S. District Court involving a coronary stent patent held by Boston Scientific Corporation. In 2005, a business litigation lawsuit filed by a doctor claimed that Scimed Life Science, a subsidiary of Boston Scientific, failed to pay licensing fees for patents he held for a stent used in the procedure known as balloon angioplasty.
The U.S. District Court held that the lower court erred in interpreting the language of the patent and that the doctor was free to file a new claim based on his assertions. Boston Scientific recently won a patent lawsuit against Johnson & Johnson over a similar stent issue.
Patent law can be very complicated, and often involves one person or company proving that a larger company used an idea or product to which they did not have a legal right. This can be difficult if the individual or small company is fighting a large corporation that has access to almost unlimited litigation funds. Unfortunately, in many cases, big companies win simply because they can continue to fight such legal battles much longer than a small company or individual with limited assets.
A company owner or individual who feels that he or she has been the victim of patent infringement can contact a lawyer who specializes in business lawsuits and contractual disputes. A lawyer who understands the complex laws, both state and federal, that govern these issues can be an asset if a legal remedy is deemed necessary.
Source: Mass High Tech, “Court decision favoring Boston Scientific reversed,” Don Seiffert, Aug. 24, 2012