The Latest In The Neverending Story Of Bard V. WL Gore

Law360, New York (April 27, 2015, 10:13 AM EDT) -- In a case that may yet alter the standard of appellate review on the issue of willfulness, the Federal Circuit has written its last chapter. The case is Bard Peripheral Vascular Inc. and C.R. Bard Inc. v. W.L. Gore & Associates Inc., Case No. 14-1114 (Fed. Cir., Jan. 13, 2015) (Prost, C.J.), (Hughes, J., concurring) (Newman, J., dissenting), a case centered about patent that matured from an application filed 40 years ago a case that has been pending for 12 years and that just completed its fourth engagement at the appellate level. In the Federal Circuit's most recent decision, a split, applying a de novo standard of review, concluded that Gore's sale of vascular grafts made of Gore-Tex willfully infringed Bard's patent, and affirmed an award in excess of $1 billion....

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