The Federal Patent Court in Munich has ruled in Edwards Lifesciences’ favor, finding Cook's German transcatheter heart valve patent invalid.
The Indiapolis-based Cook filed suit in Germany in February 2008 claiming that the Edwards Sapien transcatheter heart valve infringes the Cook patent.
"We are disappointed in the first instance's decision," Cynthia Kretz, general counsel of Cook, said immediately after the German decision. "We appreciate the time that the German first instance court provided in hearing our reasons for why our claims are valid, but we respectfully disagree with the court's decision."
"We are pleased with the court's finding, which reinforces the strength and foundational work of the Andersen invention," said Larry L. Wood, a corporate vice president of transcatheter valve replacement of the Irvine, Calif.-based Edwards.
Cook’s legal counsel and senior executive staff stressed that it is committed to establishing and defending its patent rights in the field of medical technology.
"Protecting Cook's extensive intellectual property concerning transcatheter valve technology is a priority to the company's mission, and we will evaluate all options," said Pete Yonkman, execuive vice president of sales and marketing for Cook Medical.