On Thursday Trenton, N.J., federal district court judge Joel Pisano dismissed infringement claims J&J and its partner Wyeth brought against Abbott Laboratories, Medtronic, and Boston Scientific. Pisano invalidated the two patents at issue, which J&J licenses from Wyeth, on “written description” grounds.
Wyeth and J&J’s lawyers at Sidley Austin filed suit in 2008, claiming Abbott’s Xience and Medtronic’s Endeavor branded stents infringed on its patents, which relate to methods of delivering the drug sirolimus. The J&J lawyers later amended their complaint to add Boston Scientific, which had an agreement to rebrand Abbott’s Xience stents as its own.
