The Shore Firm Secures $42 Million Patent Verdict Against Boston Scientific Corporation
HOUSTON/DALLAS/AUSTIN (February 1, 2023)� On
January 31, 2023, lawyers from the Shore Firm (Dallas) and Susman Godfrey
(Houston) obtained a $42 million jury verdict on behalf of their clients, The
Board of Regents of the University of Texas System and TissueGen, Inc., against
Boston Scientific Corporation prevailing in the assertion of patent infringement
claims relating to a patented biodegradable polymer fiber drug delivery system
incorporated into Boston Scientific�s SYNERGY� branded coronary stents. The
jury deliberated in two phases for approximately three hours after a bifurcated
five-day trial before U.S. District Judge Gregory B. Williams in the District
of Delaware.
The patent at issue, U.S. Patent No. 6,596,296, issued in July
2003 and claims a novel biodegradable polymer fiber that releases therapeutic
agents into a patient�s tissue at a targeted location and 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 to a
six-woman, two-man jury that Boston Scientific�s SYNERGY� stents were derived
from information given to Boston Scientific executives both in person at a
conference and again via an exchange of emails. The presentation identified the
�296 patent and explained its unique features in detail. Some months later,
Boston Scientific disclosed to the FDA that its plan for a drug-eluting
coronary stent that used a different technology was being replaced by
technology the jury found to be derived from the disclosures in the �296
patent.
According to the verdict, the jury found all four asserted
claims infringed and valid in the first phase of the trial. In the second
phase, the jury found Boston Scientific�s infringement to be willful and
assessed the $42 million in damages, 80% of the amount requested.
�It was an honor to represent the Board of Regents and
TissueGen at trial. We appreciate the jury�s careful attention to the facts of
the case and the evidence presented under the calm and deliberate guidance of
Judge Williams� instructions.� Shore Firm founder Michael Shore added, �Our
Firm stands ready to defend the rights of all our university, non-profit
clients around the world who are often taken advantage of by large corporations
who do not think a university or non-profit can afford to vindicate their
rights. We just proved � again � they can, and they will.�
�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 to the cutting edge of
technology,� said Susman Godfrey partner John Lahad.
The Shore Firm team included Michael Shore, co-lead counsel
Chijioke Offor, and Alex Jacobs. The Susman Godfrey team included John Lahad,
and Of Counsel Corey Lipschutz. Also providing invaluable local assistance at
trial was Delaware counsel Stamatios Stamoulis of Stamoulis & Weinblatt.
