CHICAGO, Dec. 9 /PRNewswire/ -- Less than a month after oral arguments, the United States Court of Appeals for the Federal Circuit has affirmed summary judgment of non-infringement in favor of McAndrews, Held & Malloy client Stryker Corporation (SYK), one of the world’s largest medical device companies. This ruling represents a complete and total victory for Stryker, after years of litigation with Norian Corporation regarding two bone cement patents. Previously, a jury invalidated one of the two Norian patents in question and the Federal Circuit affirmed the firm’s trial victory on that patent. McAndrews, Held & Malloy then moved for summary judgment of non- infringement on the remaining patent in dispute.
“After more than four years of ongoing litigation, this firmly concludes that Stryker’s BoneSource(R) product has never infringed upon any valid Norian patents,” said Greg Vogler, board member at McAndrews, Held & Malloy and chief trial attorney for Stryker.
In January 2001, Norian filed suit against Stryker, alleging that Stryker’s BoneSource(R) product infringed its ‘264 and ‘065 patents. The patents involve rapidly setting calcium phosphate compositions used as bone cements in medical procedures. In May 2002, a jury found the asserted claims of the ‘264 patent invalid in view of prior art. In April 2004, the Federal Circuit affirmed McAndrews, Held & Malloy’s trial victory on that patent. As to the ‘065 patent, the trial court granted McAndrews, Held & Malloy’s motion for summary judgment of non-infringement and the Federal Circuit affirmed that ruling.
McAndrews, Held & Malloy attorneys Greg Vogler, Timothy J. Malloy, Sandra A. Frantzen and John L. Abramic represented Stryker.
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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.mhmlaw.com .
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