Edwards Lifesciences AG v Cook Biotech Incorporated

Edwards Lifesciences AG v Cook Biotech Incorporated

The Patent is invalid for obviousness over Andersen and Pavcnik, and is not infringed by the SAPIEN device because the valve is not formed with a collagen containing biomaterial and the valve and leaflets do not extend substantially from the proximal stent end to the distal stent end as required by the claims.

Parties
Claimant: Edwards Lifesciences AG; Defendant: Cook Biotech Incorporated
Jurisdiction
England and Wales
Judgment Date
12 June 2009
Procedural Posture
Patent Revocation and Infringement / Judgment After Trial
Outcome
Patent declared invalid and not infringed
Legal Topics
Patent Validity, Patent Infringement, Obviousness, Novelty, Sufficiency, Added Matter, Priority Right

Case Brief

Summary, issues, holding and outcome

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Parties

Edwards Lifesciences AG

Claimant

Cook Biotech Incorporated

Defendant

Procedural Posture

Patent Revocation and Infringement / Judgment After Trial

  1. 1 Whether European Patent (UK) 1 255 510 is valid
  2. 2 Whether the SAPIEN device infringes the Patent
  3. 3 Whether the Patent is novel over prior art (Thorpe)

Ratio Decidendi

The Patent is invalid for obviousness over Andersen and Pavcnik, and is not infringed by the SAPIEN device because the valve is not formed with a collagen containing biomaterial and the valve and leaflets do not extend substantially from the proximal stent end to the distal stent end as required by the claims.

Court Disposition

Patent declared invalid and not infringed