CORDIS CORP. v. BOSTON SCIENTIFIC CORP.

Civ. No. 98-197-SLR.

641 F.Supp.2d 353 (2009)

CORDIS CORPORATION, Plaintiff, v. BOSTON SCIENTIFIC CORPORATION and Scimed Life Systems, Inc., Defendants.

United States District Court, D. Delaware.

August 10, 2009.


Attorney(s) appearing for the Case

Steven J. Balick, Esq., and John G. Day, Esq., of Ashby & Geddes, Wilmington, DE, and Gregory L. Diskant, Esq., Eugene M. Gelernter, Esq., Scott B. Howard, Esq., and Irena Royzman, Esq., of Patterson Belknap Webb & Tyler, LLP, New York, NY, for Plaintiff.

Josy Ingersoll, Esq., and Karen E. Keller, Esq., of Young Conaway Stargatt & Taylor, LLP, Wilmington, DE, and George E. Badenoch, Esq., Albert J. Breneisen, Esq., Mark A. Chapman, Esq., William M. Merone, Esq., and Huiya Wu, Esq., of Kenyon & Kenyon LLP, New York, NY, for Defendants.


MEMORANDUM OPINION

Sue L. ROBINSON, District Judge.

I. INTRODUCTION

By decision dated March 28, 2002, I concluded, inter alia, that the nondisclosure of material prior art (Hillstead's U.S. Patent No. 4,856,516, hereafter, "Hillstead") during prosecution of U.S. Patent No. 5,643,312 ("the '312 patent") constituted inequitable conduct that also tainted the prosecution of U.S. Patent No. 5,879,370 ("the '370 patent"), thus making both unenforceable...

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