Cook plans to appeal an initial ruling of The District Court of Düsseldorf, Germany, which determined that Edwards Lifesciences does not infringe on the German transcatheter valve patent from Cook.
The Bloomington, Ind.-based Cook said it filed the action in February 2008, claiming that Edward's Sapien transcatheter heart valve infringed Cook's German patent. Despite the decision by the Düsseldorf court, Cook said it "remains convinced that the Edwards product infringes Cook's."
The Irvine, Calif.-based Edwards said its counter-suit, claiming invalidity of Cook's German patent, is expected to be heard in Munich in 2010.
Edwards also said that has a separate lawsuit against Cook in the United Kingdom that challenges the validity of Cook's U.K. transcatheter valve patent. Cook has counter-sued there, claiming infringement. That case is scheduled to be heard in May.