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01/10/2007
McAndrews, Held & Malloy Secures Victory for Stryker Corporation


 

CHICAGO, IL – Jan. 10, 2007 – The U.S. District Court for the Middle District of Florida has entered an order dismissing with prejudice a patent infringement lawsuit against McAndrews, Held & Malloy client Stryker Corporation (NYSE: SYK).  The case involved portable medical devices used to administer pain relief medication after surgery.  

The plaintiff, Dr. Thomas F. Winters, a medical doctor based in Orlando, Fla., had alleged that Stryker’s PainPump™ line of products infringed Winters’ U.S. Patent Nos. 6,193,704 and 6,565,534, which describe postoperative pain relief systems.

Prior to meaningful discovery, Stryker Corporation, one of the world’s leading medical device companies, filed motions for summary judgment of noninfringement and invalidity.  The motions argued that Stryker’s PainPump™ line of products did not infringe Winters’ patents, or alternatively, that Winters’ patents were invalid because Winters was not the first to invent the disclosed pain relief technology.

Shortly after Stryker’s motions were filed, Dr. Winters agreed to withdraw his lawsuit and dismiss his case with prejudice.  

“This is another terrific example of our focus on early resolutions at McAndrews,” Pimentel said.  “Stryker Corporation is very pleased with the outcome.  This result not only protects Stryker’s Pain Pump™ line of products, but also emphasizes the effectiveness of early pre-discovery summary judgment motions in certain litigation.”

McAndrews, Held & Malloy attorneys Eligio C. Pimentel and Christopher M. Scharff represented Stryker.
     
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About McAndrews, Held & Malloy

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.mcandrews-ip.com.

CONTACT:     
Randy Labuzinski / David Schulte
Healy & Schulte
312/440-3900
rlabuzinski@healyandschulte.com

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