Boston Scientific Patent Infringement Ruling Set Aside - TheStreet

Boston Scientific

(BSX) - Get Report

said a federal court set aside an earlier verdict that its NIR stent infringed on a patent held by

Johnson & Johnson

(JNJ) - Get Report


A jury originally ruled that Boston Scientific's stent infringed against one patent claimed by Johnson & Johnson and awarded damages of $324.4 million. In March, that damage award was set aside by a judge, who found that two of Johnson & Johnson's patents were obtained through "inequitable conduct," but the ruling was upheld. Upon petitioning for reconsideration of the liability verdict, the judge has also set aside the verdict of infringement, ordering a new trial.

Boston Scientific has also disclosed in a filing with the

Securities and Exchange Commission

that two of its senior executives are now being investigated by the Department of Justice in relation to a stent system recall in 1998. The recall came after reports of balloon leaks.

The company has yet to announce any final decisions on potential management changes.

Shares of Boston Scientific closed at $25.32 before the news release Thursday.