US Court of Appeals revives Medinol stent suit against Cordis

The US Court of Appeals for the Federal Circuit this week revived a stent patent infringement suit brought by Medinol against Cordis and its former parent company Johnson & Johnson (NYSE:JNJ).

The suit, originally filed in 2013, claimed that Cordis infringed on Medinol stent patents filed between 1999 and 2005. The case was vacated in 2014 due to a laches defense, arguing that the company unreasonably delayed filing the infringement suit, according to court documents.

Medinol denied the appeal, which was held in abeyance while the Court of Appeals considered a different case exploring whether a laches defense was viable in a patent infringement context, according to court documents.

Last year, the Appeals Court ruled in a separate case that laches was a viable defense against patent infringement, but the ruling was reversed by the Supreme Court.

After the reversal, the Supreme Court granted a petition from certiorari from Medinol, vacated the judgement and “remanded to the United States Court of Appeals for the Federal Circuit for further consideration,” according to court documents.

Cordis is no longer a subsidiary of Johnson & Johnson, after being sold to Cardinal Health (NYSE:CAH) in a nearly $2 billion deal in late 2015.

Though the companies are engaged in the spat, last October Cordis announced it inked an exclusive distribution deal to sell Medinol’s coronary stents in the U.S.

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