Jan 18 2010
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."
SOURCE Endologix, Inc.