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Michelle Rodgers
T: (202) 420-3428
February 12, 2008
Dickstein Shapiro LLP and Albritton Law Firm Obtain $431.9 Million Award In Patent Infringement Action
Important Case
Update:
On Thursday, February 14, 2008, Judge T. John Ward awarded more than $69 million in pre-trial interest in favor of Dr. Bruce N. Saffran, resulting in a total Final Judgment of $501,261,011. Pre-judgment interest awards, which are at the discretion of the court, are not routinely granted, and the ruling for Dr. Saffran extends the accrual of interest to the first date of infringement by Boston Scientific. Significantly, the Judge has denied all of Boston Scientific’s pending motions, and has sua sponte severed future royalty issues into a separate case for resolution and required Boston Scientific to provide quarterly sales reports on the infringing products.
(Washington, DC) — Dickstein Shapiro LLP and the Albritton Law Firm obtained a $431,867,351 victory in a patent infringement action for the firm’s client Dr. Bruce N. Saffran. The case,
Bruce N.
Saffran
,
M.D., Ph.D. v. Boston Scientific Corporation
, related to whether Dr. Saffran’s patent on a drug-eluting stent system had been infringed. After only 1 hour and 52 minutes of deliberation,
the jury found in favor of Dr. Saffran and awarded exactly the amount of damages he had requested. The case was heard by Judge T. John Ward in the U.S. District Court for the Eastern District of Texas.
“The jury clearly found that the case was justified and we are pleased that justice prevailed,” said Gary Hoffman, lead Dickstein Shapiro partner on the case and head of the firm’s Intellectual Property Practice. “Dr. Saffran is an independent inventor and his contributions to the advancement of medical technology needed to be recognized and rewarded.”
At issue in the case was whether Boston Scientific’s Taxus Express and Taxus Liberte stents infringed on Dr. Saffran’s drug-eluting stent patent, which is valid until 2013. More than $3 billion worth of drug-eluting stents are sold each year in the United States, and the jury’s decision is tremendously significant because of Boston Scientific’s current 55 percent market share. Another related lawsuit brought by Dr. Saffran is pending against Johnson & Johnson, which until recently was the only other provider of drug-eluting stents. This case also will be heard by Judge Ward in the Eastern District of Texas.
The jury’s award is one of the largest ever to be delivered in a patent infringement case in the United States. The legal team from Dickstein Shapiro was led by Gary M. Hoffman, Paul R. Taskier, and James W. Brady, Jr., and included co-lead counsel Eric M. Albritton of Longview, Texas, who very actively participated in the case.
Dickstein Shapiro’s nationally ranked Intellectual Property Practice has more than 80 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
Managing Intellectual Property Magazine
and
Intellectual Property Today
as a top firm for Intellectual Property work. Dickstein Shapiro has the experience, skill, and knowledge to successfully solve these and other 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 a multiservice law firm with more than 400 attorneys in Washington, DC, New York, and Los Angeles. The firm’s clients include more than 100 of the
Fortune
500 companies, start-up ventures and entrepreneurs, multinational corporations, leading financial institutions, major motion picture studios, charitable organizations, and government officials. Dickstein Shapiro’s core practice groups—Antitrust & Dispute Resolution, Business & Securities Law, Corporate & Finance, Energy, Government Law & Strategy, Insurance Coverage, and Intellectual Property—involve the firm in virtually every major form of counseling, litigation, and advocacy. For additional information, please visit
dicksteinshapiro.com
.
Related Employee(s):
Gary M. Hoffman
,
Paul R. Taskier
,
James W. Brady, Jr.
Related Practice(s):
Intellectual Property