Guidant v. Boston Scientific
This article was originally published in The Gray Sheet
Executive Summary
California federal court grants motions for summary judgment in Guidant Advanced Cardiovascular Systems' suit alleging infringement of ACS patents by Boston Scientific Scimed's Bandit angioplasty catheter. While the court granted a motion "asserting the validity and infringement" of the ACS patent, it denied a motion for summary judgment on the "enforceability" of the ACS patent, as well as Scimed's motions for "summary judgment asserting the invalidity of, and Scimed's failure to willfully infringe, ACS's patent," Boston Scientific says. Trial on the remaining issues is expected in February 2000. Boston Scientific maintains that it will appeal the court's order and that an "adverse outcome is not probable." Bandit sales were $45 mil. in 1998 and "insignificant" in 1999, the firm says