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12/20/2004
McAndrews, Held & Malloy Secures Decisive Victory for Stryker Corporation
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CHICAGO, IL – DECEMBER 20, 2004 – McAndrews, Held & Malloy, one of the nation’s preeminent law firms specializing in intellectual property and complex technology law, announced today that the U.S. District Court for the Northern District of California granted summary judgment of non-infringement in favor of its client Stryker Corporation, one of the world’s largest medical device companies. This victory ends ongoing litigation between Stryker and the Norian Corporation regarding bone cement patents.
In January 2001, Norian filed against Stryker, alleging that Stryker’s BoneSourceâ product infringed its ‘264 and ‘065 patents. The patents involve rapidly setting calcium phosphate compositions used as bone cements in medical procedures.
A few months after Norian filed its lawsuit, in April 2001, the Court granted Stryker’s motion for summary judgment of non-infringement of claims one through ten of the ’065 patent. As to the ‘264 patent, in May 2002, a jury found the asserted claims of the patent invalid in view of prior art. In April 2004, the Federal Circuit affirmed McAndrews, Held & Malloy’s trial victory on the ‘264 patent, but reversed and remanded for further proceedings on certain claims of the ‘065 patent.
As soon as the case was remanded, McAndrews, Held & Malloy moved for summary judgment of non-infringement of the ‘065 patent on other grounds, and the Court granted this motion within a week of the hearing. With the success of this motion, as well as the earlier ‘264 patent victory, McAndrews, Held & Malloy secured a complete and total victory for Stryker on both patents.
“This significant decision ends three-plus years of ongoing litigation and firmly proves that Stryker’s BoneSourceâ product has never infringed upon any valid Norian patents,” said Greg Vogler, board member at McAndrews, Held & Malloy and chief trial attorney for Stryker.
McAndrews, Held & Malloy attorneys Greg Vogler, Timothy J. Malloy, Sandra A. Frantzen and John L. Abramic represented Stryker.
About McAndrews, Held & Malloy, Ltd. Founded in 1988, McAndrews, Held & Malloy is one of the nation’s preeminent legal resources on intellectual property, antitrust and technology matters, serving institutions ranging from major multinationals and start-ups to world-class colleges and universities. The firm’s technically trained attorneys have built an unparalleled record of litigation successes in jury trials, bench trials and ADR proceedings. In addition, McAndrews, Held & Malloy offers its clients services in the following areas: patent and trademark procurement and portfolio management, patent interferences, trademark oppositions and cancellations, international practice, intellectual property/technology opinions and investigations, due diligence and M&A support, technology licensing and joint ventures, and technology transfers and donations. Additional information can be found at http://www.mcandrews-ip.com.
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This web site does not establish an attorney-client relationship. © 2004 McAndrews, Held & Malloy, Ltd. All rights reserved.
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