Boston Scientific Corp. v. Cordis Corp.

ORDER (1) GRANTING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT STRIKING IN PART AFFIRMATIVE DEFENSE OF INVALIDITY BY ANTICIPATION; (2) GRANTING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT STRIKING IN PART AFFIRMATIVE DEFENSE OF PRIORITY OF INVENTOR-SHIP

I. INTRODUCTION

Boston Scientific Corporation and Target Corporation (“Plaintiffs”) filed this action against Cordis Corporation (“Defendant” or “Cordis”) alleging infringement of a number of patents that they hold on methods and devices used for treating aneurysms.

On June 25, 2004, the Court granted Plaintiffs’ motion for summary judgment of literal infringement of the U.S. patent numbered 6,238,415 (“the '415 patent”). (See Docket Item No. 582.) On November 14, 2005, the Court denied Defendants’ motion for summary judgment of invalidity of the '415 patent and granted in part Plaintiffs’ motion for summary judgment striking in part affirmative defense of invalidity by anticipation. (See Docket Item No. 847.)

Before the Court are Plaintiffs’ motions for summary judgment. In one motion, Plaintiffs seek to have the Court declare the validity of claim 27 of the '415 patent on the ground that it is not anticipated by a…