The companies agreed to settle the case by trading rights to the Bard plastic in question, expanded polytetrafluoroethylene, for the right to distribute the Endologix Powerlink stent graft, according to a regulatory filing.
The deal will see the companies pay each other royalties “equal to a percentage of net sales” until the patents in question expire, according to the filing.
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 lawsuit against Endologix and Atrium Medical Corp. in the U.S. District Court for Arizona, 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.