McAndrews, Held & Malloy

Back to News Releases

	01/24/2008 McAndrews, Held & Malloy Secures a Victory For SurModics, Inc.
	CHICAGO, IL – Jan. 24, 2008 – McAndrews, Held & Malloy announced today that it has secured a victory for its client SurModics, Inc. (NASDAQ: SRDX), a leading provider of surface modification and drug delivery technologies to the health care industry. The case concerned a claim against SurModics for tortious interference with prospective economic advantage. Judge William H. Steele of the U.S. District Court for the Southern District of Alabama, Southern Division, dismissed the claim of the plaintiff, Dr. Michael J. Cooney, against Eden Prarie, Minn.-based SurModics for Cooney’s failure to state a claim upon which relief can be granted because it does not comply with state law pleading requirements for such claims. The case involved U.S. Patent No. 6,719,750 directed to technology embodied in SurModics’ I-vation™, its lead product in the field of ophthalmic drug delivery. Johns Hopkins University is the owner of the patent, which was licensed to InnoRx, Inc. – a company later acquired by SurModics. Cooney’s complaint also alleged that he should have been named as an inventor on the Johns Hopkins patent, as well as on more than a dozen other pending patent applications. Judge Steele agreed with SurModics that the “laundry list of 15 other pending patent applications” named in Cooney’s complaint should not be and are not part of the present litigation. Judge Steele observed that he had no jurisdiction to determine the correct inventorship of the various pending patent applications: “But the decision of whether or not Dr. Cooney is a co-inventor (and thus one whose name should be listed on the applications) is for the Patent and Trademark Office to make as to those pending applications, not for this Court or a federal jury.” SurModics is represented by McAndrews shareholders Timothy J. Malloy and Stephen F. Sherry and McAndrews attorney Jonathan M. Rushman. # # # 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 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