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
Legal Issues
- 1 Whether European Patent (UK) 1 255 510 is valid
- 2 Whether the SAPIEN device infringes the Patent
- 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
Full Case Text
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