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

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 23 2024

MOLLY C. DWYER, CLERK

U.S. 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.

MEMORANDUM*

ATRIUM MEDICAL 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

Before: FRIEDLAND, MENDOZA, and DESAI, Circuit Judges.

In a concurrently filed opinion, we resolve the patent-misuse question

presented by this appeal. In this memorandum disposition, we address the

remaining issues.

1. Because we hold that the parties’ agreement does not constitute patent

misuse, we need not evaluate Bard’s quantum-meruit argument.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. 2. Atrium contends that the parties’ agreement terminated in 2019 because it

does not include the Canadian patent, which is owned by Bard Peripheral…