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After a verdict against it in a jury trial, Boston Scientific Corp., a leading manufacturer of medical devices, may have to pay $308 million in damages to Maryland-based Mirowski Family Ventures, LLC. Boston Scientific has vowed to try to overturn the judgment in post-trial proceedings and, if needed, in an appeal. The company insists that the jury’s decision and the damages awarded are not in keeping with the facts of the case or the law.
The case began with a dispute over whether Boston Scientific owed Mirowski royalties for patents it had licensed relating to implantable heart stimulators. In 2011, in an Indiana federal court, Boston Scientific sought a declaratory judgment that it had not breached the licensing agreement or violated any of its fiduciary duties and that it had paid the contractually required royalties. Mirowski did not agree and, in a counterclaim, demanded damages.
In 2013, Mirowski filed suit for breach of contract in Montgomery County Circuit Court. The Indiana case was dismissed and, after further pre-trial litigation in federal and state court, the trial went forward in Montgomery County. A jury found that Boston Scientific had violated its license and awarded Mirowski damages.
Dr. Mieczyslaw Mirowski worked on a number of implantable cardiac devices that were patented and licensed to major pharmaceutical and medical device companies. Mirowski Family Ventures, owner of the patents, was previously involved in litigation that went all the way to the United States Supreme Court involving a contract dispute with Medtronic.
Whether you are involved in licensing of high-tech patents or trying to protect your rights in another type of business contract, vigilance and a willingness to fight are essential. The experienced Maryland commercial litigators at Longman & Van Grack can help you assess a dispute and determine how to succeed at trial or in a negotiated settlement. Call us at (301) 291-5027 for a confidential consultation.
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