Cook Incorporated announced that as part of its global effort to protect its extensive intellectual property portfolio, it will appeal promptly an initial ruling by the District Court of Düsseldorf, Germany denying the company's claim that Edwards Lifesciences is infringing Cook's German patent for transcatheter valve technology.
Cook filed the action in February 2008, claiming that the Sapien THV valve made by Edwards infringes Cook's German patent. Despite the decision today, the company remains convinced that the Edwards product infringes Cook's. In addition, Cook legal counsel stressed that the company is committed to establishing and defending its patent rights in this growing field of medical technology on a global basis.
"We are confident that the District Court's first instance decision will be corrected on appeal," said Cynthia Kretz, general counsel for Cook. "We believe that the first instance decision relies upon an improper interpretation of our patented technology and remain confident that a proper interpretation encompasses the Edwards product. Protecting Cook's extensive intellectual property concerning transcatheter valve technology is a priority to the company's mission, and we will vigorously pursue all options."
Cook Medical was one of the first companies to help popularize interventional medicine, pioneering many of the devices now commonly used worldwide to perform minimally invasive medical procedures.