divendres, 15 de gener del 2016

AngioDynamics must face Bard patent infringement lawsuit

C.R. Bard, AngioDynamicsAngioDynamics (NSDQ:ANGO) must face a patent infringement lawsuit brought by Bard and subsidiary Bard Peripheral Vascular, a federal judge in Delaware ruled this week.

Murray Hill, N.J.-based Bard sued AngioDynamics in March 2015, alleging that its Smart Port and other implantable power-injectable port products trespass on a trio of Bard patents, according to court documents.

AngioDynamics asked Judge Sue Robinson of the U.S. District Court for Delaware to transfer the case to Utah, where Bard Access Systems makes that company’s vascular access port devices. Latham, N.Y.-based AngioDynamics argued that Delaware in not “home turf” for either company and that another lawsuit filed against it by Bard involves “substantially overlapping subject matter,” according to the documents.

(The 2nd lawsuit, filed in 2012, is stayed until a U.S. Patent & Trademark Office board issues a final ruling on the AngioDynamics challenges to the patents, according to documents filed with the U.S. District Court for Utah.)

Robinson declined to transfer the Delaware case in a Jan. 12 decision.

“Defendant concludes that it is more convenient and efficient to litigate in Utah. Defendant’s argument that plaintiffs are forum shopping due to ‘unfavorable rulings’ is no different than plaintiffs’ choosing a venue that it believes to be more favorable to its claims for whatever reason,” she wrote. “Given that ‘convenience’ is separately considered in the transfer analysis, the court declines to elevate defendant’s choice of venue over the choice of plaintiffs. That plaintiffs have historically been accorded the privilege of choosing their preferred venue for pursuing their claims remains a significant factor.”

AngioDynamics also asked Robinson to dismiss the lawsuit, ruling that a full discovery process including claim construction “might be necessary to resolve plaintiffs’ contention that the term ‘access port’ is the key limitation and heart of the patents-in-suit,” the judge wrote.

The post AngioDynamics must face Bard patent infringement lawsuit appeared first on MassDevice.



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