Summary judgment of non-infringement in stent case was granted.
Robinson, C.J. Cordis’ renewed motion for summary judgment of non-infringement was granted. Plaintiffs’ motion to exclude evidence of testing by Cordis’ expert Dr. Sabatini and related testimony was denied. Plaintiff’s motion for summary judgment of validity due to no anticipation was granted.
The technology in dispute relates to a method for treating or preventing cardiovascular pathologiues by administration of a therapeutic agent. Cordis originally responded to the opinion of Plaintiffs’ expert, Dr. Benet, by citing to lack of testing to demonstrate that rapamycin in the Cypher stent increases the levels of TGF-beta in vascular smooth muscle cells. The Court allowed the results of Dr. Sabatini’s testing, conducted outside the expert discovery schedule but before trial, to be made part of the record. Plaintiff failed to identify sufficient evidence to raise genuine issues of material fact to overcome summary judgment of non-infringement. Plaintiff’s motion of no anticipation was granted since Cordis posed its anticipation defense only in the event contested claims were found broad enough to include the accused product within their scope.
A copy of the full opinion is available here.
