Healthcare Industry News: Cook
News Release - January 13, 2010
Court Grants Endologix's Motion to Stay Patent LitigationIRVINE, Calif., Jan. 13 (Healthcare Sales & Marketing Network) -- Endologix, Inc. (Nasdaq: ELGX), developer of minimally invasive treatments for aortic disorders, announced today that the United States Patent and Trademark Office (USPTO) has granted both of Endologix's requests for reexamination of the two patents asserted by Cook, Inc. in the lawsuit filed in October 2009 against Endologix. The USPTO agreed with Endologix that certain existing patents pre-date Cook's patents and raise "substantial new questions of patentability" of the two Cook patents, and ordered that the patent claims asserted by Cook in the litigation be reexamined by the USPTO.
In view of the USPTO decision, the United States District Court for the Southern District of Indiana in Indianapolis ordered that Cook's lawsuit against Endologix be stayed. The stay means that no further proceedings leading to trial can be taken in the lawsuit pending the USPTO's decision on the reexamination of the Cook patents. The Court's decision will be effectuated by a formal written order and at that point Cook may ask for the decision to be reviewed by the Court.
John McDermott, Endologix President and Chief Executive Officer said, "We are pleased that the Court agreed with our Motion to Stay while the Patent Office considers whether the patent claims asserted by Cook are invalid. In approximately 75% of reexamination proceedings, the patent claims are cancelled or modified. The outcome of these reexaminations could mean an end to this litigation, so we look forward to the Patent Office scrutinizing Cook's patents."
About Endologix, Inc.
Endologix, Inc. develops and manufactures minimally invasive treatments for aortic disorders. The Company's flagship product is the PowerlinkŪ System, which is an endovascular stent graft for the treatment of abdominal aortic aneurysms (AAA). AAA is a weakening of the wall of the aorta, the largest artery in the body, resulting in a balloon-like enlargement. Once AAA develops, it continues to enlarge and, if left untreated, becomes increasingly susceptible to rupture. Additional information can be found on Endologix's Web site at www.endologix.com .
Except for historical information contained herein, this news release contains forward-looking statements, specifically related to the validity of patent claims and the actions of the Patent Office and the Court. Please refer to the Company's Annual Report on Form 10-K for the year ended December 31, 2008, and the Company's other filings with the Securities and Exchange Commission, for more detailed information regarding these risks and other factors that may cause actual results to differ materially from those expressed or implied.
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