WL Gore Fights Bard's Antitrust Claims In Stent Patent Case

Law360, New York (February 12, 2013, 5:06 PM EST) -- C.R. Bard Inc. is flouting Federal Circuit precedent in its argument that stent graft patents asserted by W.L. Gore & Associates Inc. are unenforceable, Gore said Monday, urging a Delaware federal court to dismiss Bard's inequitable conduct and antitrust counterclaims.

Gore, which is accusing Bard of infringing three patents, says Bard's inequitable conduct theory is at odds with the Federal Circuit's 2011 ruling in in Therasense Inc. v. Becton Dickinson and its 2009 decision in Exergen Corp. v. Wal-Mart Stores Inc., which laid out requirements that...
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