July 15, 2015 – W.L. Gore & Associates filed a petition for writ of certiorari to urge the U.S. Supreme Court to review a case in which it has been ordered to pay Bard Peripheral Vascular approximately $1 billion in damages for infringing U.S. Patent No. 6,436,135, titled “Prosthetic Vascular Graft.” In proceedings below, the Federal Circuit held that Bard Peripheral Vascular had acquired exclusive rights to the asserted patent by an alleged oral or implied agreement. W.L. Gore asserts, however, that 35 U.S.C. § 261 requires that a grant or conveyance of an exclusive patent license be in writing, so Bard Peripheral Vascular did not have the right or standing to bring the lawsuit. As a result, W.L. Gore requested the Supreme Court to grant its petition “to correct the Federal Circuit’s misinterpretation of the Patent Act, and make clear that a grant or conveyance of an exclusive license must be in writing.”
The case is captioned W.L. Gore & Associates, Inc. v. Bard Peripheral Vascular, Inc., 15-41, in the U.S. Supreme Court.
By: Christopher J. Stankus