September 7, 2017 – On September 5, 2017, Judge Larry J. McKinney granted partial summary judgment of invalidity in favor of Defendant Cook Medical Incorporated in an infringement action brought by Plaintiff Endotach LLC. Endotach accused four Cook products as infringing one or both of the patents-at-issue, U.S. Patent Nos. 5,122,154 “Endovascular bypass graft” and 5,593,417 entitled “Intravascular stent with secure mounting means.”
The court invalidated the endovascular bypass graft patent as anticipated. Both the prior art patent and the prior art patent application discloses each element of the asserted claims based on Defendant’s expert’s chart. Further there is no evidence that the inventor conceived of the patented invention earlier than the prior art’s patent application.
The case is captioned Endotach LLC v. Cook Medical Inc., 1-13-cv-01135 (INSD), in the Southern District of Indiana.
By: Joyce L. Nadipuram