Boston Scientific Announces First Quarter Special Items
15 Abril 2009 - 4:23PM
PR Newswire (US)
NATICK, Mass., April 15 /PRNewswire-FirstCall/ -- Boston Scientific
(NYSE: BSX) today announced special items that will reduce its GAAP
earnings for the first quarter. The Company plans to release its
first quarter financial results on April 20. As the Company
disclosed last month, the Court of Appeals for the Federal Circuit
upheld the District Court's decision that Johnson & Johnson's
(J&J) Bx Velocity(R) and Cypher(R) Stent Systems infringe
Boston Scientific's patent and that the patent is valid. The
Appeals Court reversed the District Court with respect to J&J's
infringement claims against the TAXUS(R) Liberte(R) Stent and
instructed the District Court to dismiss those claims with
prejudice. The Company expects to receive a favorable financial
award based on the Appeals Court's ruling, but in accordance with
accounting regulations the Company will wait until payment is
assured before recording any related gain. In addition, the Court
of Appeals affirmed the District Court's decision that Boston
Scientific's Express(R), TAXUS(R) Express(R) and Liberte(R) Stents
infringe one J&J patent and that the patent is valid. The Court
also affirmed that Boston Scientific's Liberte Stent infringes a
second J&J patent and that the patent is valid. The Company
will record an accrual of $237 million ($197 million after-tax) in
the first quarter for its estimated exposure on this ruling, in
accordance with accounting regulations. This amount represents an
estimate of the low end of the range of potential outcomes related
to this matter. The range is subject to substantial estimation,
including attempting to determine the possible future findings of a
jury. As such, the high end of the range cannot be reasonably
estimated at this time. A damages trial on the above infringements
has not been scheduled. No payments are expected to be due until
2010 or later, from either Boston Scientific or J&J. "We were
gratified the appeals court upheld the finding that the BX Velocity
and Cypher stents infringe our patent," said Jim Tobin, President
and Chief Executive Officer of Boston Scientific. "We believe this
ruling has the potential to result in a significant award from
J&J. More broadly, the ultimate resolution of these matters
will represent a further reduction in the risk and uncertainty
associated with outstanding litigation." On March 16, the Company
announced it had agreed to settle all outstanding litigation with
Bruce N. Saffran, M.D., Ph.D. As a result, Boston Scientific will
record a charge to earnings of $50 million ($43 million after-tax)
in the first quarter. The Company does not plan to record any
additional charges in relation to this settlement. Prior to this
settlement, a federal court jury in Texas found that the Company's
TAXUS(R) Express(R) and TAXUS(R) Liberte(R) stent products infringe
Dr. Saffran's patent and awarded him damages of $431 million, plus
$69 million in pre-judgment interest. The Company also announced it
will record restructuring and restructuring-related charges of $37
million ($26 million after-tax) in the first quarter associated
with its previously announced plant network optimization and
expense and head count reduction initiatives. These charges are in
line with those included in the Company's first quarter GAAP
earnings per share guidance. Finally, the Company announced it will
record a net gain of $63 million (on both a pre-tax and after-tax
basis) in the first quarter related to the resolution of the rate
of taxation on proceeds received by the Company in 2008 for one of
its divested businesses. The Company plans to discuss these and
other issues on its first quarter earnings call on April 21 at 8:00
a.m. ET. A press release will be issued after the close of the
market on April 20. A live webcast and archived replay of this call
will be available at http://www.bostonscientific.com/ in the
Investor Relations section. The webcast is also being distributed
over Thomson's Financial Investor Distribution Network via two
locations: http://www.earnings.com/, which is accessible to the
public, and http://www.streetevents.com/, a password-protected
event management site. To ensure a timely connection to the live
webcast it is recommended that users register at least 15 minutes
before the webcast begins. A replay of the webcast will begin at
approximately 11:00 a.m. ET on April 21 and will be available for
one year. 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: http://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 our earnings, litigation, tax
position, restructuring and results of operations. 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 Larry Neumann 508-650-8541
(office) 508-650-8696 (office) 508-667-5165 (mobile) Investor
Relations Media Relations Boston Scientific Corporation Boston
Scientific Corporation DATASOURCE: Boston Scientific CONTACT: Media
Relations, Paul Donovan, +1-508-650-8541 (office), +1-508-667-5165
(mobile); or Investor Relations, Larry Neumann, +1-508-650-8696
(office), both of Boston Scientific Corporation Web Site:
http://www.bostonscientific.com/
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