Medinol Ltd. v. Boston Scientific Corporation

The Situation

In 1995, Medinol Ltd. entered into an agreement to supply stents to Boston Scientific Corporation (BSC). After signing the agreement, BSC constructed a secret facility in Ireland at which it manufactured stents based on Medinol's designs. When Medinol learned about the secret facility, the company terminated its agreement with BSC and sued for damages. BSC counterclaimed that Medinol had breached the agreement and that the breach had caused BSC’s stock price to fall.

NERA's Role

Economists from NERA's Securities Practice, directed by Senior Vice President Dr. Vinita Juneja, evaluated BSC's counterclaims, most of which were dismissed by the court. Economists from NERA's Intellectual Property Practice calculated Medinol's damages, and in July 2005 NERA testified at a trial in New York City that Medinol's damages were at least $1.05 billion.

The Result

On 21 September 2005, during a recess in the trial, BSC agreed to settle the dispute by returning its 22 percent ownership interest in Medinol and paying Medinol $750 million.