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Appeals court overturns patent board in Bard spat with AngioDynamics

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AngioDynamics sues Bard

A federal court this week reversed a number of Patent Trial and Appeal Board rulings which invalidated patents held by Becton Dickinson & Co. (NYSE:BDX) subsidiary C.R. Bard in an ongoing patent spat with AngioDynamics (NSDQ:ANGO) .

The case involves three C.R. Bard medical device patents, which in previous proceedings had had 34 of 41 claims invalidated as anticipated or obvious over the prior art, according to court documents. Both AngioDynamics and C.R. Bard appealed over various aspects of the rulings.

In the recent appeal, the US Court of Appeals for the Federal Circuit returned a mixed bag, vacating, reversing and remanding a number of claims and affirming others.

The appeals court vacated a ruling related to a ‘printed publication’, remanding the finding to the PTAB to “clarify its factual findings.” The court also reversed and vacated claims related to three patents, and also remanded them to the board for review.

All other rulings from the board were affirmed, according to court documents.

In August, Angiodynamics touted a legal win after a federal judge in New York denied a motion from BD’s Bard to dismiss an antitrust lawsuit filed by AngioDynamics alleging unfair competition, allowing AngioDynamic’s suit to proceed forward.

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