A Medical Device Daily
The U.S. Court of Appeals for the Federal Circuit affirmed the previous ruling of the U.S. District Court for the Northern District of California that Cook Medical (Bloomington, Indiana) does not infringe on Edwards Lifesciences' (Irvine, California) patents for endovascular devices to treat aneurysms, reported Cook officials.
The original case, C 03-03817 JSW, involved Edwards claiming patent infringement on four of Cook's Zenith endovascular stent-grafts for use in treating abdominal aortic aneurysms (AAAs) and thoracic aortic aneurysms (TAAs).
The U.S. Court of Appeals for the Federal Circuit reaffirmed the District Court's ruling "that no reasonable jury could find infringement" or "conclude that Cook's accused devices" literally infringed the Edwards patents, and "that Edwards cannot, as a matter of law, show that Cook's accused devices infringe the patents-in-suit under the doctrine of equivalents. Cook, therefore, is entitled to judgment in its favor on this basis as well," the Court wrote in its original decision.
In other legalities:
• Barroway Topaz Kessler Meltzer & Check, LLP reported that a class action lawsuit was filed in the U.S. District Court for the Eastern District of Pennsylvania on behalf of purchasers of securities of Immucor (Norcross, Georgia) between October 19, 2005 and April 23, 2009 inclusive. This case is related to various other federal actions which have been consolidated and centralized in the proceeding entitled In re: Blood Reagents Antitrust Litigation, MDL No. 2081, pending in the Eastern District of Pennsylvania before the Honorable Jan E. DuBois.
The complaint charges Immucor and certain of its officers and directors with violations of the Securities Exchange Act of 1934.
Immucor, together with its subsidiaries, engages in the development, manufacture, and sale of various blood reagents.
• Coughlin Stoia Geller Rudman & Robbins (San Diego) reported that a class action has been commenced on behalf of an institutional investor in the U.S. District Court for the Middle District of Tennessee on behalf of purchasers of Psychiatric Solutions (Franklin, Tennessee) common stock during the period between Feb. 21, 2008 and Feb. 25, 2009.
The complaint alleges that during the class period, defendants issued materially false and misleading statements concerning the company's safeguards and controls over its operations, including at its Riveredge Hospital facility. According to the complaint, defendants downplayed incidents at the company's facilities, indicating that the deficiencies had all been resolved. Defendants assured investors that corrective actions had already been taken at the company's facilities to improve the quality, safety and risk management.
Additionally, the complaint alleges that the defendants issued materially false and misleading statements regarding the company's financial results and compliance with generally accepted accounting principles. Specifically, the company failed to properly account for its contingent liabilities related to the deficiencies surrounding its operations, the complaint says. As a result of defendants' false and misleading statements, Psychiatric Solutions stock traded at artificially inflated prices during the class period, reaching a high of $39.71 a share on July 8, 2008.