October 28, 2025
On October 27, 2025, Weil secured a complete appellate victory for Edwards Lifesciences in a patent infringement suit targeting the company’s transcatheter aortic valve replacement devices. Following oral argument by Weil partner Mark A. Perry, the U.S. Court of Appeals for the Federal Circuit issued a 15-page precedential opinion affirming a judgment of non-infringement on four patents asserted by plaintiff Aortic Innovations LLC.
The case reached the Federal Circuit after a Delaware federal court issued a claim construction ruling favorable to Edwards, following which the parties stipulated to a judgment of non-infringement. Aortic then appealed that judgment, arguing that the district court erred in its construction of one key component in Aortic’s patent.
The appellate court first dismissed Aortic’s appeal as to one of the four patents for lack of subject matter jurisdiction, since the Patent Office had earlier cancelled the asserted claims in that patent. Turning to the remaining patents, the Federal Circuit analyzed the common specification and agreed with the district court’s conclusion that the patentee had acted as its own “lexicographer” in defining the disputed claim element.
The Weil team was led by Appeals and Strategic Counseling partner Mark A. Perry and included patent associate Rachel Hujsa.