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Agenda. General Significance of TopicEffects of winning/losing on a companyMonetary effects from trialThree Example CasesBoston Scientific vs. Guidant CorpBoston Scientific vs. MedtronicJohnson
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1. Effect of Litigation on Stent Markets Hannah Yun
Marketing Group
March 13, 2003
2. Agenda General Significance of Topic
Effects of winning/losing on a company
Monetary effects from trial
Three Example Cases
Boston Scientific vs. Guidant Corp
Boston Scientific vs. Medtronic
Johnson & Johnson vs. Boston Scientific
Cost Analysis
Why Do Companies Continue to Bring Cases to Trial?
3. Why is Litigation an Issue? Must consider suits when marketing a new product
Monetary effects
Damages
Legal fees
Outcome of a case affects a company’s
Direction
Product development
Ability to get to the market on time While the damage awards can be huge, the process of filing and defending patents is expensive. A typical case costs each party $1.5 million and often takes two years to get to a judgment — not including the inevitable appeal, McDaniel said.While the damage awards can be huge, the process of filing and defending patents is expensive. A typical case costs each party $1.5 million and often takes two years to get to a judgment — not including the inevitable appeal, McDaniel said.
4. 1997: Angiotech issues co-exclusive license to use paclitaxel to Boston Scientific and Cook Group August 2001: Guidant & Cook Group agree to work together to develop and market a paclitaxel-coated heart stent Challenged by Boston Scientific June 2002: U.S. District Judge calls Guidant’s agreement with Cook “unlawful” and “a sham” How could Guidant get around this ruling?