ILNews

Judge tosses one of two stent patent suits against Cook Medical

Back to TopCommentsE-mailPrintBookmark and Share

A federal judge Wednesday dismissed a patent dispute case against Cook Medical Inc. of Bloomington, but a Texas corporation continues to press its claim that the device maker infringed its patents on blood vessel stents and grafts.

Judge Larry McKinney of the U.S. District Court for the Southern District of Indiana granted a motion to dismiss one of two lawsuits filed against Cook by Endotach LLC of Plano, Texas. The company claims that Cook infringed its patents with multiple stent and internal blood vessel grafting devices it manufactures and markets under the registered trade names of Zenith, Zenith Flex, Zenith Renu and Zenith TX2.   

Endotach claims Cook is liable “in an amount that adequately compensates for its infringement, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court.” Endotach asserts no specific dollar amounts.

McKinney ruled Wednesday that Endotach lacked standing to pursue a claim arising from the disputed right to license the patents perfected in the 1990s by their inventor, the late Dr. Valentine J. Rhodes of Florida. Endotach signed agreements with Rhodes’ widow, but McKinney ruled that she “did not have a property interest in the Rhodes patents at the time she signed the relevant agreements and nothing was transferred thereby.”

Cook argued in court pleadings that Endotach’s filing of a second suit represented an insurance policy, and “the two cases involve the same parties, patents, and accused products, and seek the same remedies. … Endotach cannot have it both ways. Endotach’s gamesmanship should be rejected, and this case dismissed.”

Before McKinney could rule on Cook’s request to dismiss the case, Endotach earlier this month amended one lawsuit against Cook, anticipating the possible dismissal of its other suit. Endotach noted it was filed “out of an abundance of caution,” saying it would seek to consolidate the suits and correct defects in patent licensing agreements in the action that McKinney dismissed.

Despite the ruling, Cook only partially prevailed. McKinney left open the possibility for Endotach to argue to reinstate the dismissed case, saying the defects in licensing agreements could be corrected.

“Moreover, the grievances Cook raises with respect to Endotach’s litigation tactics do not amount to the kind of prejudice for which this court would grant the ultimate sanction of dismissal even if Cook had raised them in the context of a properly-filed and supported motion. Therefore, the Court will dismiss this cause without prejudice,” McKinney wrote.

Cook has not yet filed a formal response to Endotach’s still-pending complaint, Endotach v. Cook Medical Inc., 1:13-cv-1135, filed last month.

Cook is the nation’s largest privately held maker of medical devices, with annual revenue of more than $1.8 billion, the Indianapolis Business Journal reported in July 2012. Cook employs about 4,000 people in the Bloomington area and 10,000 worldwide.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

ADVERTISEMENT