The U.S. Court of Appeals for the Ninth Circuit has reaffirmed its position that C.R. Bard Inc. is entitled to royalties on its vascular stent sales, even post-expiration of the related U.S. patent. In its decision, the court dismissed Atrium Medical Corp.’s petition for a rehearing. This decision upholds the outcome of a $53 million bench trial appeal, underscoring legal intricacies surrounding patent misuse and the entitlement of patent holders to royalties after patent expiration.
The implications of this ruling could resonate throughout the medical device industry and are crucial for companies that rely heavily on patent portfolios for revenue streams. Legal practitioners and corporations concerned with intellectual property rights may find this case pivotal as it addresses significant questions related to the extension of royalty payments beyond the life of a patent.
For further details, you can access the comprehensive coverage of the case on Law360.