On June 26, 2013, the Federal Circuit ruled in favor of firm client Medtronic in upholding a district court judgment that two Cordis Corp. and Wyeth patents covering a drug used in cardiac stents for heart disease are invalid.

Wyeth and Cordis sued Medtronic and other medical device companies alleging infringement of two patents that cover a method of treating restenosis with rapamycin, a drug used to retard the growth of scar tissue after balloon angioplasty. The district court granted summary judgment of invalidity on behalf of Medtronic in January 2012, when U.S. District Judge Joel A. Pisano, sitting in the Trenton Division of the District of New Jersey, rejected the plaintiffs’ claims finding that the patents did not adequately enable the full scope of the claims.

The McKool Smith team representing Medtronic included firm principal Sam Baxter.

The patents-in-suit are U.S. Patent Numbers 5,516,781 and 5,563,146. The case is Wyeth v. Abbott Laboratories, case number 12-1223, in the U.S. Court of Appeals for the Federal Circuit.

With more than 175 trial lawyers across offices in Austin, Dallas, Houston, Los Angeles, Marshall, New York, Silicon Valley, and Washington, DC, McKool Smith has established a reputation as one of America’s leading trial firms. Over the past seven years, the firm has secured seven nine-figure jury verdicts, as well as seven eight-figure jury verdicts. The firm has also won more National Law Journal and VerdictSearch "Top 100 Verdicts" over the last five years than any other law firm in the country. Courtroom successes like these have earned McKool Smith critical acclaim and helped the firm become what The Wall Street Journal describes as “one of the biggest law firm success stories of the past decade.” McKool Smith represents leading clients in complex commercial litigation, intellectual property, bankruptcy, and white collar defense matters.


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