BARD PERIPHERAL VASCULAR v. W.L. GORE & ASSOCIATES

No. 2010-1510.

670 F.3d 1171 (2012)

BARD PERIPHERAL VASCULAR, INC. and David Goldfarb, M.D., Plaintiffs/Counterclaim, Defendants-Appellees, and C.R. Bard, Inc., Counterclaim Defendant-Appellee, v. W.L. GORE & ASSOCIATES, INC., Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Federal Circuit.

February 10, 2012.


Attorney(s) appearing for the Case

Steven C. Cherny , Kirkland & Ellis, LLP, of New York, NY, argued for the plaintiffs/counterclaim defendants-appellees and counterclaim defendant-appellee. With him on the brief were John C. O'Quinn , Nathan S. Mammen and William H. Burgess , of Washington, DC. Of counsel on the brief were Gregory G. Garre and Maximilian A. Grant , Latham & Watkins LLP, of Washington, DC; Andrew M. Federhar , Fennemore Craig P.C., of Phoenix, of AZ; and John L. Strand , Wolf, Greenfield & Sacks, P.C., of Boston, MA. Of counsel was Amanda Hollis , Kirkland & Ellis LLP, of Chicago, IL.

Richard G. Taranto , Farr & Taranto, of Washington, DC, argued for the defendant/counter-claimant-appellant. Of counsel on the brief were David H. Pfeffer , Harry C. Marcus , James W. Gould , Steven M. Purdy and Joseph A. Farco , Locke, Lord, Bissell & Liddell, LLP, of New York, NY; Matthew K. Blackburn , of San Francisco, CA; and William J. Maledon , Osborn Maledon, P.A., of Phoenix, AZ; John S. Campbell , W.L. Gore & Associates, Inc., of Newark, DE.

Dissenting opinion filed by Circuit Judge NEWMAN.


GAJARSA, Circuit Judge.

This has been a long and arduous journey for the parties in this litigation, but this should be the final curtain of the saga, which commenced in 1974 with the filing of the patent application that eventually matured as U.S. Patent No. 6,436,135 ("`135 patent"). In this patent infringement action, W.L. Gore & Associates, Inc. ("Gore") appeals the United States District Court for the District of Arizona's judgment, after a jury verdict,...

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