Capabilities

Jang v. Boston Scientific Corp

Boston Scientific Corporation

Our patent litigators secured a significant Federal Circuit decision clearing Boston Scientific of more than $200 million in royalties after a 12-year long patent contract dispute.  Dr. G. David Jang had claimed breach of an agreement relating to patents assigned to Boston Scientific in 2002.  After two trips to the Federal Circuit, the case went to trial in 2015.  The jury ruled that the Express stent did not literally infringe Dr. Jang’s patent but found that it had infringed two of the asserted patent claims under the doctrine of equivalents.  In August 2015, the court conducted a separate bench trial on the issue of whether Dr. Jang could prove infringement under the doctrine of equivalents.  On October 1, 2015, the court issued a written opinion holding that he could not and directing that judgment be entered in BSC’s favor.  Dr. Jang appealed once again, but the Federal Circuit upheld the lower court’s decision, concluding that the company is shielded from liability by the rarely invoked ensnarement defense.  Law360 named the case to the top of its Legal Lions Weekly Verdicts.

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