Published on November 25, 2009 at 5:16 AM
Endologix, Inc. (Nasdaq: ELGX), developer of minimally invasive treatments for aortic disorders, announced today that it has filed a motion to stay, or discontinue all proceedings in, the patent infringement lawsuit brought against it in October 2009 by Cook, Inc. The motion was filed in the United States District Court in Indianapolis, Indiana.
Endologix has requested that the stay remain in effect while the United States Patent and Trademark Office (USPTO) conducts proceedings to re-examine the two patents asserted by Cook in the lawsuit and determine whether it should have granted Cook the patents. Endologix has already filed papers requesting that the USPTO re-examine the two Cook patents, based on patents that pre-date Cook's patents and were not previously considered by the USPTO in its decision to grant the patents to Cook.
John McDermott, Endologix President and Chief Executive Officer, said, "In addition to contesting the validity of Cook's patents, we also intend to challenge the lawsuit on other grounds, including non-infringement of the Cook patents by our products. We continue to believe we have support for numerous promising defenses against this infringement case."
SOURCE Endologix, Inc.