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Intellectual Property Keyed to Merges
C.R. Bard, Inc. v. Advanced Cardiovascular Systems, Inc.
Facts
Advanced Cardiovascular Systems, Inc. (ACS) (Defendant) was marketing a perfusion catheter to be used in coronary angioplasty. C.R. Bard, Inc. (Bard) (Plaintiff) brought suit against Defendant claiming that Defendant’s catheter was especially adapted for use by a surgeon in a manner that infringed claim 1 of Plaintiff’s method patent that Defendant was therefore a contributory infringer and had actively induced infringement. Plaintiff successfully alleged that there was no evidence that any procedures using the ACS (Defendant) catheter would be noninfringing. Defendant appealed, claiming that the catheter could be used in noninfringing procedures.
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