Bard Gets Fed. Circ. To Revive $68M Infringement Trial

By Dani Kass (November 10, 2020, 10:55 PM EST) -- A Delaware federal judge made several mistakes when he stopped an infringement trial with $67.5 million on the line to conclude medical device maker C.R. Bard's patent claims were invalid and not infringed by AngioDynamics, the Federal Circuit said Tuesday.

A three-judge panel said the patents directed to identifying vascular access ports hold up under Section 101 of the Patent Act — despite U.S. District Judge Joseph F. Bataillon's finding otherwise — and that Bard deserves to finish the jury trial.

"Because there remained triable issues of fact as to the infringement and validity of the asserted claims, the district court...

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