A Medical Device Daily

Boston Scientific (Natick, Massachusetts) reported a decision by the U.S. District Court in Delaware in which the judge granted Johnson & Johnson's (Brunswick, New Jersey) motion for entry of final judgment and denied Boston Scientific's motion for a new trial. The court action is related to the companies' NIR stent product. In 2000, a jury awarded Johnson & Johnson $324 million in damages based on Boston Scientific's sale of the NIR stent. The court also awarded pre-judgment interest at prime rate based on after-tax damages.

The newest action indicated that the court will enter final judgment on Sept. 30, 2008.

Boston Scientific no longer sells the NIR stent.

Troubles related to the stent patent infringement date back to 2005 when two separate jury verdicts found that Medtronic (Minneapolis) and Boston Scientific infringed the patents related to coronary stents held by Cordis (Miami Lakes, Florida), a business of Johnson & Johnson (New Brunswick, New Jersey) (MDD, Jan. 9, 2008).

Boston Scientific said it will appeal the latest decision.

In other legal news:

• DePuy Spine (Raynham, Massachusetts) and Biedermann Motech (Baden-Wuertemberg, Germany) reported that they have agreed to settle a patent infringement lawsuit against Allez Spine (Irvine, California) for payment of an undisclosed amount and a royalty-bearing license on sales of the Laguna system.

In the lawsuit, DePuy Spine and Biedermann Motech accused Allez's Laguna screw products of infringing U.S. Patent No. 5,207,678. Pursuant to the agreement reached by the parties, Allez will make a settlement payment to DePuy Spine and Biedermann Motech. In addition, Allez has entered into a stipulation, admitting that the '678 Patent is valid and enforceable, and further admitting that the claims of the '678 Patent cover its Laguna screw products.

As part of the settlement, DePuy Spine and Biedermann Motech granted Allez a license under the '678 Patent to continue making, using and selling its Laguna screw products. Under the terms of the license agreement, Allez must pay a royalty on sales of the Laguna system.

• Biolase Technology (Irvine, California), a dental laser company, reported filing a counterclaim lawsuit against the National Laser Technology (NLT; Indianapolis), alleging violations of FDA regulations, federal trademark infringement, false designation of origin, unfair competition and false advertising in a suit involving a range of alleged business practices and market access for dental lasers.

The issue stems from a lawsuit in which NLT accused Biolase of coercing dentists into purchasing products from Biolase rather than from NLT and of monopolizing an alleged market for hard tissue dental lasers. Biolase has denied the allegations and asserted counterclaims against NLT for unlawful conduct.

Biolase's counterclaims allege that NLT has violated the Federal Food, Drug and Cosmetic Act by modifying and reselling Biolase's products without complying with federal medical device regulations.

Biolase seeks a permanent injunction enjoining NLT from continuing to engage in any unlawful conduct. Biolase also seeks damages and costs. The lawsuit is pending in the U.S. District Court for the Southern District of Indiana.