Decision made in J&J’s pharmaceutical patent infringement lawsuit

According to Adli Law Group,
In an effort to protect two of its pharmaceutical patents, Johnson & Johnson brought a patent infringement lawsuit against Boston Scientific Corp., Abbott Laboratories, and Medtronic Inc.
These companies have been involved in an ongoing intellectual property dispute for some time now, apparently dating back to 2008.
Specifically, two patents involving a drug used on heart stents were at issue. Johnson & Johnson has argued that its Cypher stent, which is the first U.S. drug-eluting stent, uses a patented drug manufactured by Pfizer Inc.’s Wyeth subsidiary. This drug helps prevent scarring during heart surgery.
Boston Scientific Corp., Abbott Laboratories, and Medtronic Inc. use a variation of the drug to coat their stents. Johnson & Johnson claimed that the use of a derivative, yet related, form of the patented drug without permission infringes on the drug’s patent.
The three pharmaceutical companies that were named as defendants in this patent infringement lawsuit disagreed and argued that Johnson & Johnson’s patent did not apply to variations of the drug, but only to the originally patented configuration.
Though the court did side with the defendants in this case, it was because it found that Johnson & Johnson’s drug patents were invalid for lack of an adequate description.
Though the defendants in this case would hope that this decision brings some sense of finality to this patent infringement case, Johnson & Johnson says that it will appeal this decision. Meanwhile, Boston Scientific, for one, says that it will continue in its vigorous defense of any patent infringement claims it faces. This means that the ongoing dispute between these pharmaceutical companies will continue, at least until a final decision is made.
Source: Mass Device, “Federal judge rules for Medtronic, Abbott, Boston Scientific over J&J in DES lawsuit…,”