A Medical Device Daily

A jury in U.S. District Court for the Northern District of Indiana has found that a biomaterial manufactured by ACell (Jessup, Maryland) infringes a tissue-engineering patent owned by Purdue Research Foundation and lic-ensed to Cook Biotech (both West Lafayette, Indiana).

Cook Biotech said that the patent is the result of tissue engineering discoveries in the Department of Biomedical Engineering at Purdue University (also West Lafayette) and one in a portfolio covering numerous newly created medical products manufactured by Cook Bio at its facility in Purdue Research Park in West Lafayette. The products, Cook Bio said, “are being used worldwide to promote the restoration of damaged tissue in hard-to-heal skin wounds and as implants in many surgical procedures.”

Joseph Hornett, senior vice president, treasurer and chief operating officer of the Purdue Research Foundation, praised the verdict, calling the extracellular matrix (ECM) scaffolds involved in the litigation “an important part of our mission. We also are pleased for our licensing partner, Cook Biotech, because this verdict enhances the standing of their products in an increasingly competitive environment.”

The infringement case was filed in June 2003.

Alan Spievack and Stephen Badylak, former officers at ACell also named in the suit, were found to have intentionally induced ACell to infringe. Cook Bio and Purdue Research Foundation said they would seek a permanent injunction to prevent further sales of ACell’s product.

Purdue Research Foundation is responsible for Purdue University’s technology-transfer program, the development of Purdue Research Park and the management of the park’s business development services and incubator.

Cook Biotech, founded in 1995 with shared ownership by Cook Group (Bloomington, Indiana), Purdue Research Foundation and Methodist Hospital/Clarian (Indianapolis), produces tissue-engineered biomaterials and ECM technologies. The Cook companies market products using some of Cook Bio’s ECM technologies, a tissue-engineered matrix derived from porcine tissues.

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