Petition for rehearing en banc denied by Federal Circuit

On April 8, 2015, the United States Court of Appeals for the Federal Circuit denied W.L. Gore & Associates, Inc.’s (Defendant) petition for rehearing en banc.  The petition filed by the Defendant requested a rehearing of a January ruling that added $205 million in willful infringement damages to an $854 million award to C.R. Bard (Plaintiff) for infringing Plaintiff’s blood vessel graft patent (U.S. Patent No. 6,436,135).  The Defendant argued that the Federal Circuit panel used the incorrect standard of review for willful infringement on appeal, but the Federal Circuit denied the request for rehearing without comment.  The case remains pending and is captioned 14-1114.

By:  Jacqueline A. DiRamio

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