Boston Scientific raises University of Texas’s alleged inflammatory comments, A-Rod comparisons in appeal of $42M District of Delaware jury verdict

Context: The Board of Regents of the University of Texas System (UTBOR) and its exclusive licensee TissueGen jointly filed suit in the United States District Court for the Western District of Texas in November 2017, alleging that Boston Scientific infringed patents describing drug-releasing biodegradable materials. The case was transferred to the District of Delaware in March 2018, and a jury awarded UTBOR damages of $42 million for infringement of one patent in January 2023. The case was appealed to the U.S. Court of Appeals for the Federal Circuit in July 2024.

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Counsel

Boston Scientific is represented by Akin Gump’s Pratik A. Shah, Michael P. Kahn, Z.W. Julius Chen, Rachel J. Elsby, and Kristen Loveland.

UTBOR and TissueGen are represented by Susman Godfrey’s John Pierre Lahad, Brian Melton, and Corey Martin Lipschutz.