C.R. Bard Inc., a major manufacturer of products related to vascular, urology and oncology disease, has filed a lawsuit against two of its competitors for allegedly infringing on Bard’s patent for a “Prosthetic Vascular Graft” using a specialized plastic called expanded polytetrafluoroethylene.

The two defendants in the case are Endologix and Atrium Medical Corp. Endologix develops and manufactures products to allow for minimally invasive treatment of vascular disease. Atrium Medical Corp. manufactures a diversified array of medical products. 

Bard is taking the case very seriously, claiming that its competitors knowingly and willfully infringed on the patents. Therefore, in addition to monetary damages and injunctions, Bard is requesting triple damages, interest on pre-judgment infringement, supplemental damages and reimbursement for its legal fees.  

Endologix has sparred with Bard in the past. In 2007, Endologix won Food and Drug Administration approval to begin manufacturing expanded polytetrafluoroethylene on its own. At that point, it canceled a supply deal with Bard. 

Endologix does not plan to take the current lawsuit lying down.  “We are well versed on the patent cited in the lawsuit,” said John McDermott, Endologix president and CEO said in a prepared statement. “Based on significant prior evaluations, testing and outside legal reviews, we are confident in our belief that we do not infringe the patent.”

For its part, Atrium Medical Corp., implied that Bard is simply lawsuit hungry, noting that it has been in “almost continuous litigation” over the same patent with a Massachusetts-based company for almost 30 years.

The case was filed in the U.S. District Court, District of Arizona.

SOURCE:  Atrium fires back at Bard over patent infringement suit, MassDevice.com, August 18, 2010.  http://www.massdevice.com/news/update-atrium-fires-back-bard-over-patent-infringement-suit