Boston Scientific Corp. v. Johnson & Johnson

GAJARSA, Circuit Judge,

coneurringin-part.

I agree with the majority that the asserted claims of U.S. Patent Nos. 7,217,286 (the “'7286 patent”); 7,223,286; 7,229,473 (collectively, the “1997 patents”); and 7,300,662 (the “'662 patent”) are invalid, but would hold the 1997 patents invalid for lack of enablement. Therefore, I concur only in judgment as to the 1997 patents. I join fully the majority’s opinion regarding the '662 patent.

The claimed invention is a combination of a stent, polymeric carrier, and therapeutic agent. The majority focuses solely on the written description aspect of…