Delaware Jury Finds W.L. Gore Stent Graft Patent Not Infringed and Invalid

March 19, 2017 – On March 8, 2017, a Delaware jury determined that U.S. Patent No. 5,735,892 was invalid and not infringed by C.R. Bard’s Fluency® Plus and Flair® endovascular stent grafts.  The asserted claims recite a tubular stent with first and second coverings of porous PTFE affixed, respectively, to the exterior and luminal surfaces of the stent, the combined thickness of the coverings being less than about 0.1 mm thick.  The jury found that the Bard had shown by clear and convincing evidence that the asserted claims would have been obvious and that the patent “fail[ed] to meet the requirement that all of the actual inventors, and only the actual inventors, be named as inventors.”

By: Sean C. McDonagh