Endologix Inc. (NSDQ:ELGX) and C.R. Bard Inc. (NYSE:BCR) settled another patent infringement lawsuit over a type of plastic used in stent grafts, weeks after burying the hatchet in a similar case.
Bard sued Endologix and Atrium Medical Corp. last summer, alleging that they violated a patent covering its prosthetic vascular grafts made from expanded polytetrafluoroethylene.
Earlier this month, however, Bard and Endologix agreed to end a similar suit and inked licensing deals covering the patents in question.
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Now they’ve agreed to dismiss Endologix as a defendant in the second case, a lawsuit filed in the U.S. District Court for Arizona. Judge David Campbell dismissed ELGX as a defendant with prejudice, ordering each company to bear its own legal costs in the case.
Bard and Endologix have some history regarding ePTFE graft material: After Endologix won Food & Drug Administration approval to begin making the plastic on its own, it canceled a supply deal with Bard in December 2007.
Bard then filed the suit against Endologix and Atrium, accusing the duo of infringing its patent for a “Prosthetic Vascular Graft.” Bard alleged that Atrium’s Advanta line of grafts and stents, its iVena vascular patch and Flixene graft violate the patent and that Endologix runs afoul with the Powerlink.
