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Brinks Hofer Gilson & Lione Wins Patent Appeal for Cook Incorporated
Date:9/23/2009

CHICAGO, Sept. 23 /PRNewswire/ -- Brinks Hofer Gilson & Lione, one of the largest intellectual property law firms in the U.S., today announced that the firm has won a decisive victory on behalf of its long-time client Cook Incorporated in a patent infringement case brought by Edwards Lifesciences LLC and EndoGAD Research Pty Limited. The U.S. Court of Appeals for the Federal Circuit affirmed the previous ruling of the U.S. District Court for the Northern District of California 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(R) 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 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"
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SOURCE Brinks Hofer Gilson & Lione
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