The US District Court, Southern District of Indiana, has ruled in favor of Cook Incorporated in its decision to lift the stay on Cook's patent infringement case against Endologix. With the ruling, the case, filed by Cook on October 6, 2009, is expected to proceed.
The complaint claims the infringement by Endologix of two Cook patents for endovascular technologies. The two patents in suit are Cook’s US Patents 5,755,777 and 5,035,706. The ‘777 Patent is entitled ‘Expandable Transluminal Graft Prosthesis for Repair of Aneurysm,’ and was granted on May 26, 1998. The ‘706 Patent is entitled ‘Percutaneous Stent and Method of Retrieval Thereof,’ and was granted on July 30, 1991.
Cook Medical said that the Patent Office has issued a reexamination certificate for the ‘706 patent, as well as notice of intent to issue a reexamination certificate on the ‘777 patent. As a result, the Court ruled that Cook’s case was ‘now poised to move forward.’
Cynthia Kretz, general counsel of Cook Medical, said: “Given Cook’s established, global leadership position in endovascular technologies, we are eager to move forward as swiftly as possible to obtain all available remedies based on Endologix’s infringement of our two patents.
“The Court’s decision brings to an end Endologix’s defensive tactic to delay the case by initiating reexaminations of both patents.”
Cook Medical is a provider of minimally invasive medical devices to perform medical procedures throughout the body. The company integrates medical devices, drugs and biologics to enhance patient safety and improve clinical outcomes.