C.R. Bard, Inc. v. Atrium Medical Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

C.R. BARD, INC., No. 23-16020

Plaintiff-Appellant, D.C. No. 2:21-cv- 00284-DGC v.

ATRIUM MEDICAL OPINION

CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Argued and Submitted July 9, 2024 San Francisco, California

Filed August 23, 2024

Before: Michelle T. Friedland, Salvador Mendoza, Jr., and Roopali H. Desai, Circuit Judges.

Per Curiam Opinion C.R. BARD, INC. V. ATRIUM MED. CORP.

SUMMARY *

Patent Law

The panel reversed the district court’s judgment following a bench trial in favor of Atrium Medical Corporation on C.R. Bard, Inc.’s claim that Atrium breached its contract with Bard by failing to make certain minimum royalty payments due under a licensing agreement. In Brulotte v. Thys Co., 379 U.S. 29 (1964), the Supreme Court held that patent holders may not contract for royalties on any use of a patented invention that occurs after the patent has expired. Clarifying the proper application of Brulotte, the panel held that a…