The lawsuit, filed August 12 in the U.S. District Court for Delaware, accused Stryker’s Sage Products subsidiary of violating two patents covering the PureWick device with Sage’s competing PrimaFit device, which Stryker acquired along with Sage for $2.7 billion in April 2016. C.R. Bard put up $10 million in cash and another $20 million in milestones to acquire PureWick in June 2017; BD acquired PureWick when it paid $24 billion for Bard later that year.
According to the lawsuit, Sage representatives met with PureWick in June 2016 to discuss a possible buyout, but the talks folded after the Bard buyout went through a year later. By October 2017 Sage had introduced PrimaFit, the complaint alleged.
PrimaFit infringes 19 claims of one of the Purewick patents and 14 claims of the second patent, according to the BD lawsuit.
Franklin Lakes, N.J.-based BD wants rulings of direct and indirect infringement of both patents, a permanent injunction barring further infringement, damages, pre- and post-judgment interest, triple damages for willful infringement, supplemental damages and legal fees, according to the complaint.