It also found that “the asserted claims were invalid because they were directed to printed matter as ineligible subject matter and were not inventive.” The court’s subsequent order sustained AngioDynamics’s oral motion for JMOL, “as well as its motions for summary judgment under Federal Rule of Civil Procedure 56, on the grounds that the claims of the Asserted Patents are invalid, not patent-eligible, not infringed and not willfully infringed.”īard appealed the judgments of non-infringement, no willfulness, and invalidity, including ineligibility. The district court issued an opinion granting the JMOL as requested. Because factual disputes remained, the district court judge denied the motions without prejudice.Īt trial, at the end of Bard’s case-in-chief, AngioDynamics moved for judgment as a matter of law (JMOL) regarding non-infringement and no willfulness. The parties subsequently cross-moved for summary judgment on the issues of patent eligibility, novelty, and enablement. AngioDynamics’s motion to dismiss was denied as premature. ![]() The order recited that Bard brought suit against AngioDynamics in the District of Delaware, claiming that AngioDynamics’s power injectable vascular access port products infringed three of its patents’ claims. The filing noted that shortly after Bard obtained FDA approval for its PowerPort product, “AngioDynamics sought and obtained FDA approval to market its own vascular access port products as suitable for power injection.” ![]() It described their vascular access ports as “devices implanted underneath a patient’s skin that allow medical providers to inject fluid into the patient’s veins on a regular basis without needing to start an intravenous line each time.”īard’s PowerPort product was special when it came to market because it was the first vascular access port labeled for “power injection,” permitting the injection of fluids into patients at a high pressure and high flow rate, as required by certain procedures. The court first explained the companies’ medical device technology. Among other things, the panel held that there was “substantial evidence” to support a jury finding of infringement and willfulness. (collectively Bard) argued that competitor AngioDynamics infringed upon three of its patents related to its medical device that enables special types of intravascular injections. This is: 1) an error during trial that is (2) a substantial and not harmless error which is (3) the subject of a specific and timely objection unless (4) the error is plain.On Tuesday, the Federal Circuit partly reversed and vacated a district court’s judgment in favor of the defendant AngioDynamics, Inc. The judge may assess witness credibility and weigh evidence. Jury verdict on issue, claims, defense, amount of damages, or entire case was against great weight of the evidence. Court will ignore evidence & testimony put forth by movant.Will act similarly to above, except court will look only at evidence & testimony presented by nonmovant.Used by some state courts and in certain instances by federal courts. (Thus, a rebuttable inference of fact put forth by the nonmovant must yield to credible evidence of the actual occurrence.) Gives credence to evidence supporting movant that is uncontradicted and unimpeached, at least to extent evidence comes from disinterested witnesses.Draws reasonable inferences in favor of nonmovant. ![]() Gives credence to evidence favoring nonmovant.Does not determine credibility of witnesses.Considers all evidence & testimony presented to court by either side.Used by most federal courts and some state courts. If granted, court orders new trial on issue, claim, defense, amount of damages, or entire case If granted, court enters judgment on issue, claim, defense, or entire case ![]() To obtain retrial on an issue, claim, defense, amount of damages, or entire case 50(a): Reasonable jury must find for movant, so no need for a juryĥ0(b): Reasonable jury must find for movant but did not, so court must reverse verdict
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