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Boston Scientific Cardiac Stent Patent Infringement


Los Angeles, CA: A jury hearing a patent infringement and licencing lawsuit filed by the cardiologist who developed two cardiac stents for Boston Scientific has found in favor of the doctor. According to Dr. G. David Jang, that entitles him to $200 million settlement. The jury hearing the case found that the medical device company breached its contract with Dr. Jang and had infringed on two claims under the doctrine of equivalents.

Patents are property and patent rights can be licensed and sold. To obtain a patent, your invention must be useful and novel (i.e., not previously known or used), and you must be able to describe it in your patent application. Patents are granted by the U.S. Patent and Trademark Office (USPTO), a branch of the Department of Commerce, for inventions of new and useful compositions, machines, and articles of manufacture or processes.

In this case against Boston Scientific, Dr. Jang alleged that in 2002 he licensed two stent patents to the company in exchange for $50 million upfront and an additional $110 million contingent on sales of stents that incorporate his patents.

Dr. Jang went on to file a breach-of-contract lawsuit in 2005, also against Boston Scientific, this time claiming the company failed to make payments required by the terms of the agreement.

Jang claimed the company owed him a little under $100 million for using his work, and that interest at about 12 percent a year, would bring that amount to more than $200 million, according to court records.



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READER COMMENTS

Posted by
joan
on
I had 2 boston scientific stents implanted 3/2005 and nine days later one collapsed causing me to have another heart attack

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