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Another European Court Victory For Medinol Ltd. Stent Against Boston Scientific (BSX)


10/19/2005 5:09:33 PM

TEL AVIV, Israel, Dec. 17 /PRNewswire/ -- The District Court of the Hague in the Netherlands, ruled in favor of Medinol, upholding relevant claims regarding Medinol's European Patent 0 762 856 B1, relating to stents. The Court ruled that Boston Scientific's Express stent platform infringed at least Claim one of that patent. As a result, Boston Scientific was ordered to stop making, using, importing or selling Express stents in or from the Netherlands. In addition, the Court ruled that Boston Scientific will pay Medinol royalties of 30% for all past and future sales of Taxus stents in or from the Netherlands. The decision applies to Boston Scientific International B.V., Boston Scientific B.V. (local distributor) and Boston Scientific Benelux, B.V.

Medinol's Chairman, Dr. Kobi Richter stated, "The Court's decision is an important, definitive validation of Medinol's intellectual property. The 30% royalty imposed upon Boston Scientific clearly substantiates our long-held belief that Boston Scientific infringed on Medinol's intellectual property. The amount of royalty should be significant given that the decision applies to stents distributed by Boston Scientific International BV from the Netherlands throughout Europe and the rest of the world. This ruling is also very encouraging coming on the heels of similar European decisions, such as in Germany."

This decision follows two key rulings decided during the summer in favor of Medinol's IP. On June 24, 2003 the Patent Chamber of the District Court in Dusseldorf, Germany, ruled in favor of Medinol in a suit brought against Boston Scientific. The Court confirmed that Boston Scientific's Express stent design platform infringed upon Medinol's European patent EP 0 762 856. As a result, the Court ordered Boston Scientific to remove all stents having the Express design- including the Express, Express 2, and the Taxus model from the German market, and to submit to an accounting of its sales in order to determine damages.

On July 3, 2003, the same Court of Appeals in the Netherlands held in favor of Medinol in a summary proceeding for a preliminary injunction regarding Cordis' BX Velocity stents. This decision overturned an earlier District Court decision and held that Cordis' BX Velocity stents infringe Medinol's European Patent EP 0 762 86 under the Doctrine of Equivalents. As a

result, Cordis B.V. and Cordis N.V. were ordered to stop making, using, importing or selling BX Velocity-like stents in the Netherlands.

ABOUT MEDINOL

Medinol, Ltd. is a global leader in the field of stents and stenting systems with a vast and most significant portfolio of intellectual property. Medinol has developed a unique approach to the design and manufacture of an extensive product pipeline. Its new generation stents reflect the company's uncompromising commitment to continuous innovation, unique product design and top quality products. Medinol is privately held and headquartered in Tel Aviv, Israel.

Medinol, Ltd.

CONTACT: Media, Jonathan Tsucalas of Porter Novelli, +1-212-601-8267,jtsucalas@porternovelli.com, for Medinol, Ltd.


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