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A jury in U.S. District Court in Wilmington, Del., last week ordered Boston Scientific Corp. to pay $324.4 million to Johnson & Johnson in a patent infringement case. The award is the largest intellectual property verdict this year in Wilmington’s federal court and is one of the largest, if not the largest, award ever made in a patent case in Delaware. The size of the award highlights the prominence the U.S. District Court of Delaware has achieved in patent infringement cases over the last 10 years. Federal judges in Wilmington have cultivated the growing IP practice and succeeded in attracting national and international cases. Earlier this month, the same jury had determined that a stent distributed by Boston Scientific infringes one claim of a Johnson & Johnson patent; the jury found for Boston Scientific on the five other patent claims at issue in the case, Boston Scientific announced in a statement. Boston Scientific spokesman Paul Donovan said, “We believe [the jury's] damage verdict is excessive, but it is not the final word. Several additional stages of this process remain to be played out, and we believe in the end, the lone finding of infringement will not stand. “We hope to persuade the judge to set aside the infringement verdict. We will also present evidence that the Johnson & Johnson patents were improperly obtained and should, therefore, be unenforceable. An appeal, if necessary, is also an option.” The stent was developed and is manufactured by Medinol Ltd., of Jerusalem, Israel. Boston Scientific has an exclusive worldwide license to market and distribute the stent, which is a medical device used to help open blood vessels that have restricted flow. Natick, Mass.-based Boston Scientific is a worldwide developer, manufacturer and marketer of medical devices. The company’s products are used in a broad range of interventional medical specialties. The award was actually made to Cordis Corp., a Florida-based subsidy of health care giant Johnson & Johnson, which is located in New Brunswick, N.J.

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