WWW.EXFILE.COM -- 888-775-4789 -- BOSTON SCIENTIFIC -- FORM 8-K -- 15942
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
DC 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of
Report (Date of earliest event reported): May 27, 2008
BOSTON SCIENTIFIC
CORPORATION
(Exact
name of registrant as specified in charter)
| DELAWARE |
1-11083 |
04-2695240 |
|
(State or
other jurisdiction of incorporation)
|
(Commission file
number)
|
(IRS
employer identification no.)
|
|
One Boston Scientific Place, Natick,
Massachusetts
|
01760-1537
|
(Address
of principal executive offices)
|
(Zip
code)
|
Registrant’s
telephone number, including area code: (508) 650-8000
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the fling obligation of the registrant under any of the following
provisions:
[
] Written communication pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[
] Soliciting material pursuant to Rule 14a-12 under the
Exchange Act (17 CFR 240.14a-12)
[
] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[
] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Boston
Scientific Corporation today announced that a U.S. District Court jury in
Marshall, Texas has reached a verdict in a patent infringement suit brought
against the Company by Medtronic. Medtronic alleged that certain Boston
Scientific balloon catheters and stent delivery systems infringed four U.S.
patents held by Medtronic. Boston Scientific claimed non-infringement,
invalidity, unenforceability and other equitable relief. The District Court
previously granted the Company's summary judgment motion on one of the patents
and dismissed Medtronic's claim of willful infringement. The jury found that
certain Boston Scientific balloon catheters and stent delivery systems infringe
Medtronic's patents and that the patents are valid. The jury awarded damages of
$250 million.
Boston
Scientific has raised a number of defenses that were not considered by this jury
but will be heard by the District Court on July 31, 2008. If those defenses are
successful, the jury's verdict will be set aside.
If those
defenses are not successful, the Company plans to seek to overturn the verdict
in post-trial motions before the District Court and, if necessary, to appeal to
the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. The
Company is confident it will prevail on appeal because it believes the jury
verdict is unsupported by both the evidence and the law.
A copy of
the press release is filed as Exhibit 99.1.
ITEM
9.01. FINANCIAL STATEMENTS AND EXHIBITS.
|
Exhibit No.
|
Description |
| |
|
|
99.1
|
Press
release issued by Boston Scientific Corporation dated May 28,
2008
|
SIGNATURE
Pursuant to the
requirements of the Securities and Exchange Act of 1934, as amended, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
| |
BOSTON
SCIENTIFIC CORPORATION |
|
| |
|
|
|
|
Date: May
28, 2008
|
By:
|
/s/ Lawrence
J. Knopf |
|
| |
|
Lawrence
J. Knopf
|
|
| |
|
Senior
Vice President and Deputy General Counsel |
|
| |
|
|
|
EXHIBIT
INDEX
|
Exhibit No.
|
Description |
| |
|
|
99.1
|
Press
release issued by Boston Scientific Corporation dated May 28,
2008
|