TissueGen and University of Texas System Awarded $42 Million in Patent Infringement Verdict against Boston Scientific
The verdict was for patent infringement claims relating to Boston Scientific’s SYNERGY™ coronary stents sold by Boston Scientific Corporation.
DALLAS, TX, USA, February 3, 2023 /EINPresswire.com/ -- On January 31, 2023, The Board of Regents of the University of Texas System and TissueGen, Inc. obtained a $42 million jury verdict for patent infringement claims relating to Boston Scientific’s SYNERGY™ coronary stents sold by Boston Scientific Corporation. The jury deliberated for approximately three hours after a five-day trial before U.S. District Judge Gregory B. Williams in the District of Delaware.The patent at issue in the case, U.S. Patent No. 6,596,296, issued in July 2003 and discloses, among other innovations, a novel biodegradable polymer fiber with the ability to release therapeutic agents at a variable rate. The lead inventor on the patent, Dr. Kevin Nelson, was a Professor of Biomedical Engineering at The University of Texas at Arlington before founding TissueGen, the exclusive licensee of the patent.
The Board of Regents and TissueGen sued Boston Scientific in November 2017. At trial, the Board of Regents and TissueGen proved that the polymer fibers on Boston Scientific’s SYNERGY™ coronary stents were derived from information TissueGen provided Boston Scientific and thus, infringed The University of Texas System’s ’296 patent.
The jury of six women and two men found that Boston Scientific infringed all four claims asserted and upheld the validity of each claim. In the second willfulness and damages phase of the trial, the jury awarded the Board of Regents and TissueGen $42 million in damages and found the infringement was willful.
“We are pleased to have achieved this result recognizing the importance, novelty, and value of Dr. Nelson’s innovations and the contributions of The University of Texas System that advanced life-saving technology,” said Shore Firm founder Michael Shore. Added Shore Firm partner and co-lead counsel Chijioke Offor, “We represent universities all over the world in intellectual property enforcement. Each time it is an honor to do so.” Mr. Offor added, “The assistance received at trial from the university attorneys Sheila Kadura and Teresa Schultz was invaluable.” Co-lead counsel John Lahad added, “We appreciate the jury’s careful attention to the facts of the case and the evidence presented. Their verdict is amply supported and further confirms the strength and importance of the American jury system.”
The Shore Firm legal team included Shore, Offor, and first-year lawyer Alex Jacobs. The Susman Godfrey team included Lahad, and Of Counsel Corey Lipschutz. The assistance of Delaware counsel Stamatios Stamoulis of Stamoulis & Weinblatt was invaluable.
The case is Board of Regents, The University of Texas System and TissueGen, Inc v. Boston Scientific Corporation, case No. 1:18-cv-00392-GBW, in the U.S. District Court for the District of Delaware.
Jonathan Gibson
TissueGen, Inc.
+1 214-351-1922
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