C.R. Bard Incorporated v. Atrium Medical Corporation

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 C. R. Bard, Inc., No. CV-21-00284-PHX-DGC 10 Plaintiff, ORDER 11 v. 12 Atrium Medical Corp., 13 Defendant. 14 15 Following a two-day bench trial, the Court ruled that Bard’s claim for breach of 16 contract was barred by the patent misuse doctrine. Doc. 189. Atrium appealed and the 17 Ninth Circuit reversed. See C. R. Bard., Inc. v. Atrium Medical Corp.,

112 F.4th 1182

(9th 18 Cir. 2024). The Court of Appeals held that the patent misuse doctrine does not prevent 19 enforcement of the minimum royalties provisions…