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C.R. BARD, INC. v. ADVANCED CARDIOVASCULAR SYSTEMS

No. 89-1719.

911 F.2d 670 (1990)

C.R. BARD, INC., Plaintiff-Appellee, v. ADVANCED CARDIOVASCULAR SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 2, 1990.

Attorney(s) appearing for the Case

James J. Foster, Wolf, Greenfield & Sacks, P.C., Boston, Mass., for plaintiff-appellee. With him on the brief were Arthur Z. Bookstein and John L. Welch.

Ford F. Farabow, Jr., Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., for defendant-appellant. With him on the brief was J. Michael Jakes. Also on the brief was Richard A. Bardin, Fulwider, Patton, Lee & Utecht, Los Angeles, Cal., of counsel.

Before NIES, Chief Judge, and MICHEL and PLAGER, Circuit Judges.

PLAGER, Circuit Judge.

This is a case of claimed infringement of a method patent for a medical treatment. Defendant-Appellant Advanced Cardiovascular Systems, Inc. (ACS) was marketing the only perfusion catheter approved by the United States Food and Drug Administration for use in coronary angioplasty. Plaintiff-Appellee C.R. Bard, Inc. (Bard) sued ACS for alleged infringement of U.S. Patent No. 4,581,017 ('017), application for which was filed in 1983 and which issued...

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