Supreme Court declines Boston Scientific’s appeal in $309m CRM patent loss

The U.S. Supreme Court today declined to take up an appeal by Boston Scientific (NYSE:BSX) of a $309 million loss in a lawsuit over cardiac rhythm management device patents.

Marlborough, Mass.-based Boston Scientific lost the judgment in September 2014, part of a long-running patent war with the family of the late physician who helped invent the implantable cardioverter defibrillator, Dr. Michel Mirowski. A jury in Maryland’s Montgomery County Circuit Court awarded the damages to the family (Mirowski died in 1990), which originally sued Boston Scientific and its Guidant subsidiary over a secret deal with rival St. Jude Medical (NYSE:STJ).

Mirowski Family Ventures alleged that the deal cut Mirowski out of some $570 million in potential royalties and damages. The jury awarded MFV more than $86.5 million in damages “for royalties owed for 2002 and 2003;” another $142.6 million in damages for “the financial harm in the Indiana lawsuit;” and $80.2 million and pre-judgment interest “in connection with the defendants’ settlement with St. Jude,” according to court documents.

Boston Scientific last October asked the Supremes to review the case, arguing that the Maryland state court overlooked basic patent law requirements that the high court should review in light of its 2013 decision in another case. But the high court today declined Boston’s petition for certiorari, according to the court’s website.

The Mirowski family filed suit in February 2013 in the Maryland state court, where the case was litigated until Boston Scientific won its bid to remove the case to federal court in September of that year, according to court documents. In June 2014 Judge William Quarles Jr. of the U.S. District Court for Maryland, found that Boston Scientific’s removal of the case to the federal court was untimely, according to court documents, remanding the case back to the Maryland state court.

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