Boston Scientific v. Medinol
This article was originally published in The Gray Sheet
Executive Summary
Manhattan federal court rules Medinol is entitled to try its claims that Boston Scientific's sales of Taxus and Express stents are a breach of contract, entitling it to royalties, the Israeli firm states Dec. 2. A status conference is slated for Jan. 13 to set a trial date. Medinol developed and manufactured stents for Boston Scientific beginning in 1995 until the relationship soured in 2000, when Boston Scientific revealed a secret project - called "Project Independence" - under which it shifted its manufacturing and R&D programs in-house by building a plant in Galway, Ireland (1"The Gray Sheet" April 8, 2002, p. 14). Boston Scientific says the court's ruling will not interfere with Taxus paclitaxel-eluting stent sales. In a Dutch court, Medinol recently sought a 30% royalty from Boston Scientific on all past and future sales of Taxus in and from The Netherlands (2"The Gray Sheet" Feb. 16, 2004, p. 20)...