Endotach, LLC v. Cook Medical Incorporated

On January 27, 2015, the district court for the Southern District of Indiana issued a decision granting Cook Medical Incorporated’s (“the Defendant”) motion for summary judgment asserting that Endotach, LLC’s (“the Plaintiff”) infringement claims were barred by laches.  According to the court’s decision, the Plaintiff’s delay in bringing suit until 11 years after the Defendant’s first accused product was approved for sale in the United States, barred the Plaintiff from bringing the asserted infringement claims under the defense of laches.  The Plaintiff’s underlying patent infringement suit alleges that the Defendant infringed U.S. Patent Nos. 5,122,154 and 5,593,417, owned by the Plaintiff, and drawn to intraluminal and endovascular grafts for placement within a blood vessel, duct, or lumen.  The case remains pending in the Southern District of Indiana and is captioned 1:13-cv-01135.

By:  Jacqueline A. DiRamio

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