Healthcare Industry News:  vascular graft 

Devices Litigation

 News Release - December 12, 2007

Bard Announces Patent Infringement Verdict against W. L. Gore & Associates

MURRAY HILL, N.J.--(HSMN NewsFeed)--C. R. Bard, Inc. (NYSE: BCR ) today announced that a U.S. District Court jury in Arizona found that certain of W. L. Gore & Associates Inc.’s ePTFE vascular grafts and stent-grafts infringe Bard patent number 6,436,135. The jury upheld the validity of the patent and awarded $185 million in past damages. The jury also found that Gore willfully infringed the patent.

In a second phase of the trial, the court is currently assessing Gore’s assertion that the patent is unenforceable due to inequitable conduct.

Bard expects that Gore will file post-trial motions with the court with respect to the jury’s decision. After a judgment is entered, the case may be appealed to the Court of Appeals for the Federal Circuit.

C. R. Bard, Inc., (www.crbard.com) headquartered in Murray Hill, N.J., is a leading multinational developer, manufacturer and marketer of innovative, life-enhancing medical technologies in the fields of vascular, urology, oncology and surgical specialty products.

This press release may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, which are based on management’s current expectations, the accuracy of which is necessarily subject to risks and uncertainties. These statements are not historical in nature and use words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, "forecast", “plan", “believe”, and other words of similar meaning in connection with any discussion of future operating or financial performance. Many factors may cause actual results to differ materially from anticipated results including product developments, sales efforts, income tax matters, the outcomes of contingencies such as legal proceedings, and other economic, business, competitive and regulatory factors. The company undertakes no obligation to update its forward-looking statements. Please refer to the Cautionary Statement Regarding Forward-Looking Information in our September 30, 2007 Form 10-Q/A for more detailed information about these and other factors that may cause actual results to differ materially from those expressed or implied.


Source: C. R. Bard

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