Patent Re-Exams Can Rebut Willful Infringement, Cordis Says

Law360, Washington (February 6, 2013, 6:28 PM EST) -- Medical device maker Cordis Corp. told a Federal Circuit panel on Wednesday that requesting a patent re-examination should be considered as evidence against willful infringement in patent cases, claiming a lower court unfairly inflated Boston Scientific Corp.'s award after Cordis' failed coronary stent patent re-examination bid.

Cordis launched its 2.25 millimeter drug-eluting coronary stent Cypher just weeks before it requested that the U.S. Patent and Trademark Office re-examine Boston Scientific's stent patent, saying the courts had used overly broad claim construction when they determined it infringed...
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