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Effect of Litigation on Stent Markets

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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Effect of Litigation on Stent Markets

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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?

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