Ninth Circuit Reverses $52.8 Million Patent Misuse Ruling Against C.R. Bard

The Ninth Circuit on Friday reversed a prior ruling that had exonerated Atrium Medical Corp. from a $52.8 million breach of contract suit brought by C.R. Bard. The original decision had concluded that Bard engaged in patent misuse by demanding royalties after the expiration of its medical device patent. The appellate court, however, found that the lower court had erred in its judgment. Detailed information regarding the court’s rationale and the case specifics can be found in the Law360 article.