Medical Device Link.

Originally Published MX January/February 2005

BUSINESS NEWS

Once partners in coronary stent development, Medinol Ltd. (Tel Aviv, Israel) and Boston Scientific (Natick, MA) have become tenacious legal combatants over an alleged breach of contract.

In December, Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York ruled that Medinol was entitled to try its claims that Boston Scientific's sale of Express and Taxus stents represents a breach of contract and that Medinol is entitled to royalties on those sales.

Showing some impatience with the protracted dispute, Judge Hellerstein said, "This case needs to be made trial ready—and promptly."

In addition, the judge chided the two litigants for "straining to enlarge this case, alleging in their complaint and counterclaims many varieties of tort and grandiose estimates of damages."

Medinol is reportedly seeking royalties of up to 23%, dating back to 1999.

Judge Hellerstein set a status conference for January 13, 2005, "to discuss a procedure to negotiate a settlement and to set a date for trial."

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