Boston Scientific fined $42m over patent infringement
A five-year legal battle between Boston Scientific and TissueGen has culminated in a $42m fine, which Boston Scientific must pay to TissueGen regarding a patent infringement.
The technology in question ‒ extruded fibre that delivers drugs though an implanted vascular stent ‒ was created and patented by Kevin Nelson PhD, while he was a faculty member at the University of Texas. Nelson then founded TissueGen, which, in 2013, launched biodegradable Elute drug-loaded fibres that can be customised to deliver a variety of drugs and fit into a device-maker’s existing materials.
In 2015, Boston Scientific followed with FDA clearance for its own Synergy system ‒ a drug-covered stent used to treat coronary artery disease. The court case began in Texas in 2017 when TissueGen and the University of Texas filed a complaint, claiming Boston Scientific had infringed on two patents licensed to TissueGen regarding ‘drug-releasing biodegradable fibers.’
In early February 2023, Delaware’s jury voted in favour of TissueGen, stating that the Synergy technology infringed on TissueGen’s patent, meaning Boston Scientific should pay $42m in lost royalties to the company.
Nelson, currently the chief scientific officer of the company, commented: “TissueGen does not control what Boston Scientific does with its resources, which are endless by comparison to TissueGen. If Boston Scientific respects the court who provided both sides a fair opportunity to present their cases and the citizens who took time from their lives to render a judgment, the recovery will be poured back into research at UT System and TissueGen to save lives and relieve suffering.”
“Boston Scientific respectfully disagrees with the jury’s verdict and plans to appeal,” a company spokesperson has said.
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