November 1, 2003

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A Run of Favorable Rulings

Originally Published MX November/December 2003

COVER STORY

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The IP Battleground

Experts in international intellectual property litigation are traditionally cautious about predicting the ultimate outcome of IP disputes, since rulings that seem to be running in one direction can too readily be overturned in other courts. Whatever the ultimate outcome of current disputes over IP for the design and manufacturing of cardiac stents, Medinol has enjoyed a remarkable run of favorable decisions in European courts and patent offices. Following is a synopsis of the key court decisions issued since the middle of 2003.

June 24: The patent chamber of the district court in Düsseldorf, Germany, rules in favor of Medinol in a suit against Boston Scientific alleging patent infringement of Medinol's German patent EP 0 762 856 and utility model 295 21 206. The court orders Boston Scientific to withdraw its Express-design stents from the German market, and to open its books to Medinol in order to determine the amount of further damages to be paid.

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