Boston Scientific (NYSE:BSX) last week escaped a long-running royalties dispute with coronary stent pioneer Dr. David Jang that could have cost it $200 million.
Judge Virginia Phillips of the U.S. District Court for Central California found Sept. 29 that Jang’s claims covered previous patents, triggering the ensnarement defense barring a patentee from asserting a scope of equivalency that would encompass, or ensnare, the prior art.
The case dates back to 1999, when Jang won approval from the U.S. Patent & Trademark Office for a stent design featuring lateral struts.
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