Dickstein Shapiro LLP has won another key victory on behalf of Dr. Bruce Saffran, the independent inventor who over the last three years has won patent infringement verdicts worth hundreds of millions of dollars against two of the world’s largest medical device makers. On Friday, the U.S. Patent & Trademark Office rejected a Reexamination challenge by Abbott Labs to Dr. Saffran’s U.S. ‘760 Patent for the drug-eluting stent technology that has been at center of his suits against Boston Scientific, Johnson & Johnson, and Abbott Labs. In doing so, the PTO confirmed its earlier decision that all of Dr. Saffran’s claims of the ‘760 patent are patentable. Abbott had asserted the prior art it is relying on in the litigation, which are also was relied upon by Johnson & Johnson in its defense against the ‘760 patent.

“We are pleased that the U.S. Patent & Trademark Office is in agreement with the two federal trials which rejected Boston Scientific and Johnson & Johnson’s assertions that Dr. Saffran’s patent was invalid,” said Dickstein Shapiro Partner Edward A. Meilman, who argued on behalf of Dr. Saffran before the PTO. “This decision will certainly aid Dr. Saffran’s efforts as he continues to pursue his intellectual property rights.”

In January, a federal jury in the Eastern District of Texas awarded Dr. Saffran $482 million after it found that Johnson & Johnson’s Cypher™ drug-eluting cardiac stent, manufactured and distributed by Cordis Corp., had infringed his patent. With the addition of pre-trial interest, the final judgment has since reached $593,684,281. That verdict followed just three years after Dr. Saffran obtained a $431,867,351 verdict against Boston Scientific Corporation for infringing the same patent. Dr. Saffran’s suit against Abbott Labs on this same patent is still pending.

A Dickstein Shapiro team, including attorneys Paul R. Taskier, Gary M. Hoffman, James W. Brady, Jr., Kenneth W. Brothers, Jeremy Cubert, Ryan Flax and Kim Parke, has represented Dr. Saffran in all of his patent litigation, along with Eric Albritton of the Albritton Law Firm in Longview, Texas.

Dickstein Shapiro’s nationally ranked Intellectual Property Practice has approximately 100 attorneys who work with clients to develop strategies that capitalize on their intellectual property assets and achieve their business objectives. The firm is ranked by Chambers USA, Managing Intellectual Property and Intellectual Property Today as a top firm for intellectual property work. Dickstein Shapiro has the experience, skill, and knowledge to successfully solve intellectual property problems for clients striving to succeed in this ever-changing, highly competitive arena.

Dickstein Shapiro LLP
Dickstein Shapiro LLP, founded in 1953, is internationally recognized for its work with clients, from start-ups to Fortune 500 corporations. Dickstein Shapiro provides strategic counsel and develops multidisciplinary legal solutions by leveraging its core strengths—litigation, regulatory, transactions, and advocacy—to successfully advance clients’ business interests.

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Related Professional(s): Edward A. Meilman, Paul R. Taskier, Gary M. Hoffman, James W. Brady, Jr., Kenneth W. Brothers, Kimberly R. Parke
Related Practice(s): Intellectual Property