WWW.EXFILE.COM -- 888-775-4789 -- BOSTON SCIENTIFIC CORP. -- FORM 8-K
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
DC 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of
Report (Date of earliest event reported): January 15, 2009
BOSTON SCIENTIFIC
CORPORATION
(Exact
name of registrant as specified in charter)
|
DELAWARE
|
1-11083
|
04-2695240 |
|
(State or
other jurisdiction of incorporation)
|
(Commission file
number)
|
(IRS employer
identification no.)
|
| One Boston Scientific Place, Natick,
Massachusetts |
01760-1537 |
|
(Address of
principal executive offices)
|
(Zip
code)
|
Registrant’s
telephone number, including area code: (508) 650-8000
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the fling obligation of the registrant under any of the following
provisions:
[
] Written communication pursuant to Rule 425 under the
Securities Act (17 CFR 230.425)
[
] Soliciting material pursuant to Rule 14a-12 under the
Exchange Act (17 CFR 240.14a-12)
[
] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[
] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
On
January 15, 2009, we announced a decision by the Court of Appeals for the
Federal Circuit. The case involves one of our patents, which in part
is directed to drug-eluting stents and coating systems. In the decision,
the Court found that the patent was invalid as obvious over the prior art.
The case was an appeal by Johnson and Johnson of a 2005 jury verdict in the
United States District Court for the District of Delaware that found the patent
was valid and infringed by Johnson and Johnson’s Cypher®
Sirolimus-Eluting Stent System.
We
are considering our options for challenging the
decision.
A copy of
the press release is filed as Exhibit 99.1.
ITEM
9.01. FINANCIAL STATEMENTS AND EXHIBITS.
Exhibit No. Description
|
99.1
|
Press
release issued by Boston Scientific Corporation dated January 15,
2009
|
SIGNATURE
Pursuant to the
requirements of the Securities and Exchange Act of 1934, as amended, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
BOSTON SCIENTIFIC
CORPORATION
|
Date:
January 20, 2009
|
By:
|
/s/ Lawrence
J. Knopf |
|
| |
|
Lawrence
J. Knopf |
|
| |
|
Senior
Vice President and Deputy General Counsel |
|
| |
|
|
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EXHIBIT
INDEX
Exhibit No. Description
|
99.1
|
Press
release issued by Boston Scientific Corporation dated January 15,
2009
|