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Brinks Hofer Gilson & Lione wins patent appeal for Cook Incorporated Federal Circuit holds that Cook's Endovascular graft devices do not infringe.

Brinks Hofer Gilson & Lione (Chicago, IL) one of the largest intellectual property law firms in the United States, has won a decisive victory on behalf of its long-time client Cook Incorporated in a patent infringement case brought by Edwards Lifesciences LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 and EndoGAD Research Pty Limited. The United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit is a United States court of appeals. The Federal Circuit was created by Congress with passage of the Federal Courts Improvement Act of 1982.

The court is headquartered in Washington, D.C., and occupies the Howard T.
 affirmed the previous ruling of the United States District Court for the Northern District of California The United States District Court for the Northern District of California is the Federal district court whose jurisdiction comprises following counties: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa  that Cook Incorporated devices do not infringe Edwards' and EndoGAD's patents for endovascular devices to treat aneurysms.

The case involved four of Cook's Zenith endovascular grafts used in treating abdominal aortic aneurysms (AAAs) and thoracic aortic aneurysms (TAAs) without the need for traumatic open-repair surgery.

"We are very pleased that our client Cook's technology has been vindicated in this important precedential opinion by the Federal Circuit that confirms this case brought by Edwards and EndoGAD was without merit," said Brinks attorney Richard A. Kaplan. "Cook is a global industry leader in this field and its endografts and related devices are based on its own innovative technology and development efforts that had nothing to do with the patents asserted by Edwards and EndoGAD."

"Cook demonstrated its resolve by filing its noninfringement summary judgment motion promptly after the District Court's claim construction, despite one co-defendant settling out of the case about a year beforehand, and the other co-defendant sitting on the sidelines On the sidelines

An investor who decides not to invest due to market uncertainty.


on the sidelines

Of or relating to investors who, having assessed the market, have decided to avoid committing their funds.
 until after Cook's motion was granted," added Brinks attorney Brad Lane. "Our team is extremely pleased with this Federal Circuit decision in favor of Cook."

The Federal Circuit reaffirmed the District Court's ruling stating "that no reasonable jury could find infringement" or "conclude that Cook's accused devices" literally infringed Edwards' patents. The Court further reaffirmed the District Court's original decision "that Edwards cannot, as a matter of law, show that Cook's accused devices infringe the patents-in-suit under the doctrine of equivalents The doctrine of equivalents is a legal rule in most of the world's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent . Cook, therefore, is entitled to judgment in its favor on this basis as well."

The Cook team was led by Brinks attorneys Richard A. Kaplan, Bradley G. Lane and Jeffry M. Nichols and included Jerold A. Jacover, Cynthia A. Homan, Thomas J. Filarski, Julie L. Leichtman and Jason W. Schigelone.

The patents-in-suit in this case are United States Patents 6,582,458; 6,613,073; 6,685,736; and 6,689,158. The case is Edwards Lifesciences LLC, et al. v. Cook Incorporated, et al., Appeal No. 2009-1006, in the United States Court of Appeals for the Federal Circuit,and the original case is Edwards Lifesciences LLC, et al. v. Cook Incorporated, et al., Civil Action No. C 03-3817 JSW JSW Japan Steel Works
JSW Joint Space Width
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, in the United States District Court for the Northern District of California.

Cook Medical operates as a family-held private corporation focused on providing superior patient outcomes while reducing health care delivery costs. Cook Medical helped invent and popularize interventional medicine, pioneering many of the devices now commonly used worldwide to perform minimally invasive medical procedures throughout the body's pathways.

Founded in 1917, Brinks Hofer Gilson & Lione is based in Chicago with five additional offices across the country serving the intellectual property needs of clients from around the world. The firm is one of the largest IP law firms in the country, with more than 180 attorneys, scientific advisors and patent agents specializing in intellectual property litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 and all aspects of patent, trademark, copyright, trade secret, unfair competition, intellectual asset management, and technology and licensing agreements. Brinks routinely handles assignments in fields as diverse as electrical, chemical, mechanical, biotechnology, pharmaceutical, nanotechnology, Internet and computer technology, as well as in trademarks and brand names for a wide variety of products and services.

Brinks Hofer Gilson & Lione

+1-312-840-3163,

www.usebrinks.com

Cook Incorporated

www.cookmedical.com
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Publication:BIOTECH Patent News
Date:Aug 1, 2009
Words:616
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