Court Grants Bard’s Motion for Fees

Feb. 10, 2017 – The Court granted Defendants C.R. Bard, Inc. and Bard Peripheral Vascular, Inc.’s (collectively, “Bard”) motion for fees, after motions were filed and an oral hearing took place on Plaintiff W.L. Gore & Associates, Inc.’s (“Gore”) motion for sanctions.  The Court found that Gore may have filed its motion for sanctions in good faith, but that the “continued aggressive pursuit thereafter of its serious accusations – despite completely unrebutted evidence to the contrary –” warranted Gore reimbursing Bard for attorneys’ fees incurred after Bard had submitted its brief in opposition to the motion for sanctions.  The Court also decided several motions in limine, scheduled a pretrial conference to hear argument on one of Plaintiffs’ motions in limine, resolved a number of other pretrial disputes, and scheduled dates and times for trial. The patents-at-issue in the case are U.S. Patent Nos. 5,700,285, 5,735,892, and 8,221,487, all titled “Intraluminal stent graft.”  The case is before the United States District Court for the District of Delaware, and is number 1-11-cv-00515.

By: Katherine E. Adams

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