Appeals court upholds Medtronic win over Gore in stent graft suit

September 12, 2013 by Brad Perriello

A federal appeals court upholds the dismissal of a patent infringement lawsuit filed by W.L. Gore that accused Medtronic of violating patents covering stent graft manufacturing processes. news news

A federal appeals court upheld a lower court's decision to toss a lawsuit filed in 2010 accusing Medtronic (NYSE:MDT) of violating patents held by W.L. Gore & Associates covering stent graft manufacturing techniques.

Judge Mark Davis of the U.S. District Court for Eastern Virginia dismissed Gore's claims last year, saying the ruling made Medtronic's counterclaims moot.

Today the U.S. Court of Appeals for the Federal Circuit upheld that ruling, without comment, according to court documents.

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Gore sued Medtronic in September 2010, alleging that it violated claims in a patent covering the manufacturing process for stent grafts used to repair abdominal aortic aneurysms. Gore accused Medtronic's Talent abdominal and thoracic stent grafts used a trio of manufacturing processes covered by the patent.

Medtronic argued that some of Gore's
claims aren't applicable because the Medtronic entities named in the lawsuit weren't responsible for importing the devices into the U.S.

Davis agreed, ruling that the pre-market approval submissions to the FDA for the Talent device showed that although Medtronic Vascular controlled the manufacturing process, another subsidiary, Medtronic Mexico, was responsible for importing the devices into the U.S.