The jury verdict yesterday came after the finding that Boston Scientific’s Synergy BP drug-eluting stents infringed on TissueGen and the university’s IP.
The patent under question arose out of research that TissueGen co-founder Kevin Nelson, PhD, conducted at the University of Texas Arlington in the late 1990s. Filed in 2000, the patent was for a “drug-releasing biodegradable fiber implant.”
The amended lawsuit complaint explained how Nelson came up with the idea:
“Though the industry believed otherwise, Dr. Nelson believed in the commercial viability of a drug-eluting stent based on biodegradable polymer fibers capable of controlled release of sensitive therapeutics. Dr. Nelson came up with the idea for his drug-eluting stent innovation while investigating ways to deliver a virus to the arterial wall for the purpose of healing, not simply treating, damaged arteries. The hypothesis was that biologically active substances could be used to modify the arterial wall in a way that would prevent restenosis without requiring prolonged exposure of the wall to polymer material.”
In a statement shared with media outlets, Boston Scientific said it disagreed with the jury’s decision and would appeal.
