Boston Scientific Corp. v. Johnson & Johnson

ORDER DENYING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

On February 23, 2007, the Court heard argument on defendants’ motion for partial summary judgment on priority. Having considered the arguments of counsel and the papers submitted, the Court hereby DENIES defendants’ motion.

BACKGROUND

In 2002, plaintiffs Boston Scientific Corp., Boston Scientific Scimed, Inc., Scimed Life Systems, Inc. and Schneider (Europe) GmbH (collectively “BSC”) brought suit against defendants Johnson & Johnson and Cordis Corporation (collectively “Cordis”) for infringement of six patents. The first four patents were invented at Schneider (Europe) by Gerhard Kastenhofer and are directed to a bilay-ered catheter tube design for balloon angioplasty catheters (collectively, the “Kas-tenhofer patents”). The remaining two patents were invented at Schneider (USA) by Michael Forman and are directed to laser bonding of balloons to angioplasty catheter tubes (collectively, the “Forman patents”). Defendants counterclaimed that plaintiffs are infringing three Cordis-owned U.S. patents invented by Carlos Fontirroche and Jason Querns (collectively, the “Fontirroche patents”), and that the Fontirroche patents…