August 29, 2008 at 13:29 PM EDT
Court Rejects Two Medtronic Patents

NATICK, Mass., Aug. 29 /PRNewswire-FirstCall/ -- Boston Scientific Corporation (NYSE: BSX) today announced that the U.S. District Court of Marshall, Texas found two patents of Medtronic, Inc. (NYSE: MDT) unenforceable for inequitable conduct during the prosecution of the patents before the United States Patent and Trademark Office.

A jury had previously found that certain Boston Scientific balloon catheters and stent delivery systems infringed three Medtronic patents and that the patents were valid. The jury awarded damages of $250 million. As a result of today's decision, the damages are reduced to approximately $19 million. Following a prior decision by the Court, Medtronic and Boston Scientific had already agreed to reduce the jury verdict to approximately $186 million.

Boston Scientific plans to appeal the remaining $19 million damage award to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. The Company is confident it will prevail on appeal.

Boston Scientific is a worldwide developer, manufacturer and marketer of medical devices whose products are used in a broad range of interventional medical specialties. For more information, please visit: www.bostonscientific.com.

Cautionary Statement Regarding Forward-Looking Statements

This press release contains forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934. Forward-looking statements may be identified by words like "anticipate," "expect," "project," "believe," "plan," "estimate," "intend" and similar words. These forward-looking statements are based on our beliefs, assumptions and estimates using information available to us at the time and are not intended to be guarantees of future events or performance. These forward-looking statements include, among other things, statements regarding intellectual property litigation, appeal outcomes and competitive offerings. If our underlying assumptions turn out to be incorrect, or if certain risks or uncertainties materialize, actual results could vary materially from the expectations and projections expressed or implied by our forward-looking statements. These factors, in some cases, have affected and in the future (together with other factors) could affect our ability to implement our business strategy and may cause actual results to differ materially from those contemplated by the statements expressed in this press release. As a result, readers are cautioned not to place undue reliance on any of our forward-looking statements.

Factors that may cause such differences include, among other things: future economic, competitive, reimbursement and regulatory conditions; new product introductions; demographic trends; intellectual property; litigation; financial market conditions; and, future business decisions made by us and our competitors. All of these factors are difficult or impossible to predict accurately and many of them are beyond our control. For a further list and description of these and other important risks and uncertainties that may affect our future operations, see Part I, Item 1A- Risk Factors in our most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission, which we may update in Part II, Item 1A - Risk Factors in Quarterly Reports on Form 10-Q we have filed or will file thereafter. We disclaim any intention or obligation to publicly update or revise any forward-looking statements to reflect any change in our expectations or in events, conditions, or circumstances on which those expectations may be based, or that may affect the likelihood that actual results will differ from those contained in the forward-looking statements. This cautionary statement is applicable to all forward-looking statements contained in this document.


    CONTACT:    Paul Donovan
                508-650-8541 (office)
                508-667-5165 (mobile)
                Media Relations
                Boston Scientific Corporation

                Larry Neumann
                508-650-8696 (office)
                Investor Relations
                Boston Scientific Corporation

SOURCE Boston Scientific Corporation

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