Court upholds $371 million CR Bard patent award

Reuters News
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Posted: Feb 10, 2012 11:58 AM
Court upholds $371 million CR Bard patent award

(Reuters) - A divided federal appeals court upheld a $371.2 million award in favor of C.R. Bard Inc in a long-running patent infringement dispute with W.L. Gore & Associates over vascular tubing.

The U.S. Federal Circuit Court of Appeals in Washington, D.C. upheld a 2007 Arizona jury verdict finding that Gore willfully infringed Bard's patent, which had its origin in a 1974 patent application.

That jury awarded Bard $185.6 million for lost profit and royalties, an award that trial judge Mary Murguia later doubled.

The case involved so-called prosthetic vascular grafts, which are used to bypass or replace blood vessels to ensure sufficient blood flow to various parts of the body.

In its decision, a 2-1 panel of the Federal Circuit found "substantial evidence" to support the jury verdict, and said Murguia did not abuse her discretion in awarding enhanced damages.

Shares of Bard rose as much as 3.7 percent after the decision. In late morning trading, the shares were up $1.78, or 1.9 percent, at $94.09.

The case is W.L. Gore & Associates Inc v. C.R. Bard Inc et al, U.S. Federal Circuit Court of Appeals, No. 2010-1510.

(Reporting By Jonathan Stempel in New York; Editing by Lisa Von Ahn and John Wallace)