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04/11/2008
McAndrews, Held & Malloy Secures Definitive Victory for Client Stryker Corporation


 

CHICAGO, IL – April 11, 2008 –  The U.S. Court of Appeals for the Federal Circuit has affirmed the grant of summary judgment of noninfringement and invalidity by the U.S. District Court for the Southern District of West Virginia to McAndrews, Held & Malloy client Stryker Corporation (NYSE: SYK).  In the case involving medical image capture equipment, the District Court ruled in the summer of 2006 that Stryker did not infringe eight asserted claims of the patent-in-suit.  The District Court further ruled that two other claims of the patent-in-suit were invalid.  

Luma Corporation filed the suit in September 2002, alleging that Stryker infringed ten claims of Luma’s U.S. Patent No. 5,740,801.  The patent relates to a system for acquiring and storing images during a medical procedure.  Stryker Corporation, one of the world's leading medical device companies, argued that none of its products infringes upon the ‘801 patent.  The accused Stryker products include the Stryker SDC Pro and SDC Pro II digital picture capture systems, and Hermes, a system for controlling medical devices in an operating room through voice commands.

“This ruling effectively ends the plaintiff’s case against Stryker,” said Bob Surrette, McAndrews shareholder.  “The Federal Circuit found that the District Court did not commit any errors in construing the claims when granting the summary judgment.”

Greg Vogler, McAndrews shareholder, added, “This is a very good and decisive victory for Stryker and it speaks to the integrity of our client’s innovative work in medical technology.”  

McAndrews attorneys Greg Vogler, Tim Malloy, Bob Surrette and Merle Elliott represented Stryker.

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About McAndrews, Held & Malloy

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 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.

CONTACT:     
Randy Labuzinski / David Schulte
Healy & Schulte
312/765-8770
rlabuzinski@healyandschulte.com

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