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C.R. Bard, Inc. v. Advanced Cardiovascular Systems, Inc.

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Intellectual Property Keyed to Merges

Citation. C.R. Bard, Inc. v. Advanced Cardiovascular Sys., 911 F.2d 670, 1990 U.S. App. LEXIS 13085, 15 U.S.P.Q.2D (BNA) 1540 (Fed. Cir. Aug. 2, 1990)

Brief Fact Summary. C.R. Bard, Inc. (Bard) (Plaintiff) argued that Advanced Cardiovascular Systems, Inc. (Defendant) was a contributory infringer that had actively caused infringement of Plaintiff’s method patent for medical treatment.

Synopsis of Rule of Law.An individual induces infringement under 35 U.S.C. § 271 by actively and knowingly aiding and abetting another person’s direct infringement.

Facts. Advanced Cardiovascular Systems, Inc. (ACS) (Defendant) was marketing a perfusion catheter to be used in coronary angioplasty.  C.R. Bard, Inc. (Bard) (Plaintiff) brought suit against Defendant claiming that Defendant’s catheter was especially adapted for use by a surgeon in a manner that infringed claim 1 of Plaintiff’s method patent that Defendant was therefore a contributory infringer and had actively induced infringement.  Plaintiff successfully alleged that there was no evidence that any procedures using the ACS (Defendant) catheter would be noninfringing.  Defendant appealed, claiming that the catheter could be used in noninfringing procedures.

Issue. Does an individual induce infringement under 35 U.S.C. § 271 by actively and knowingly aiding and abetting another person’s direct infringement?

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