While Endologix Inc. (NSDQ:ELGX) called an early decision in the patent battle against Cook Medical over abdominal aortic stent technology a victory, Cook officials responded that they have more cause to celebrate and that they aren’t done fighting yet.
"Cook has never wavered in the protection of its extensive patent portfolio," Cook general counsel Cynthia Kretz said in prepared remarks. "We will move forward as swiftly as possible to obtain all available remedies based on Endologix’ infringement of our two patents."
The comments came as a response to Irvine, Calif.-based Endologix’s claims of victory in a pre-trial round of arguments.
Judge Tanya Walton Pratt of the U.S. District Court for Southern Indiana issued a Markman ruling, defining the meaning of patent claim terms, in a lawsuit filed by Cook. The suit alleges that Endologix violated a pair of Cook patents covering a stent graft and its delivery system via ELGX’s Powerlink and Intuitrak devices.
"Judge Pratt adopted many of Endologix’s proposed constructions for several terms of claims of both asserted patents, including constructions that [Endologix] considers to be important for the outcome of the case," according to an Endologix press release.
"We are pleased with the results of the Markman hearing, remain confident in our position going forward and intend to continue to pursue our numerous defenses," Endologix president & CEO John McDermott said in prepared remarks.
Cook responded today with a release of its own, calling the ruling a win in its favor.
"The majority of constructions adopted by the Judge favored Cook’s proposed constructions," according to Cook’s press release.
Looks like a win-win situation.