Law360 (January 20, 2011, 8:17 PM EST) -- A federal judge dealt a blow Thursday to Covidien AG's suit alleging C.R. Bard Inc. willfully infringed its patent for a surgical fastener, awarding Bard summary judgment on its defense that Covidien mismarked its own device with the patent.
Judge Sue L. Robinson of the U.S. District Court for the District of Delaware handed down a mixed ruling on a number of summary judgment motions, partially granting Bard and subsidiary Davol Inc.'s summary judgment bid for noninfringement in addition to the mismarking ruling. The suit is slated for a Feb. 7 trial.
The patent-in-suit is U.S. Patent Number 6,562,051 titled "Surgical...
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