C.R. Bard, Inc. v. Advanced Cardiovascular Systems, Inc.

911 F.2d 670 (1990)

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C.R. Bard, Inc. v. Advanced Cardiovascular Systems, Inc.

United States Court of Appeals for the Federal Circuit
911 F.2d 670 (1990)

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Facts

C.R. Bard, Inc. (Bard) (plaintiff) obtained a patent for a method for using a catheter in coronary angioplasties. Advanced Cardiovascular Systems, Inc. (ACS) (defendant) began selling a catheter surgeons used in their performance of angioplasties. Bard brought suit for contributory infringement, claiming that the way that surgeons used ACS’s catheter infringed on Bard’s patent. ACS’s catheter contained ten openings. At trial, ACS presented evidence that showed that about half of the stenoses requiring an angioplasty were less than three centimeters from the entrance to the coronary artery. ACS claimed that because of this, its catheter could be positioned in such a way that all of its openings were located in the aorta, which was a non-infringing use of the catheter. Bard moved for summary judgment. The district court granted the motion, finding ACS a contributory infringer. ACS appealed.

Rule of Law

Issue

Holding and Reasoning (Plager, J.)

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