Cook Alleges Patent Infringement by Endologix

Products involved focus on aortic aneurysms.

By: Editor

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Cook Incorporated has filed a lawsuit with a U.S. District Court in Indiana against Endologix Inc., claiming infringement of two patents for endovascular stent-grafts, according to the Bloomington, Ind.-based firm.

“Cook has clearly established itself as the world leader in developing advanced endovascular technologies to treat aortic aneurysms and dissections, and this suit seeks to protect that position from damages caused by Endologix’s infringement of U.S. Patents No. 5,755,777 and No. 5,035,706,” said Cook general counsel Cynthia Kretz. “As part of our vigorous defense of our patent portfolio in this area, Cook has asked the U.S. District Court to enjoin Endologix from selling all products infringing on these patents and to award Cook damages adequate to compensate for the infringement, including interest and costs.”

The suit asks that a jury trial be held to determine the outcome of the complaint.

The `777 patent protects Cook’s technology for its Expandable Transluminal Graft Prosthesis for repair of aneurysms, and was awarded on May 26, 1998. The `706 patent covers Cook’s percutaneous stent and method of retrieval, and was granted on July 30, 1991.

John McDermott, president and CEO of Irvine, Calif.-based Endologix, said, “We have just become aware of the lawsuit filed by Cook alleging that Endologix infringes two of Cook’s patents, one of which was granted in 1991 and the other in 1998. The patent granted in 1991 expires next week. Together with our patent counsel, we are conducting a thorough evaluation and will provide more information as soon as available.”

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