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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" 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. 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 U.S. Patent Numbers 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 U.S. 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, in the U.S. 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. For more information, visit www.cookmedical.com.

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 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. For more information, visit www.usebrinks.com.

    CONTACT:
    Sydney Iglitzen
    (312) 840-3163
    siglitzen@usebrinks.com


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SOURCE Brinks Hofer Gilson & Lione
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