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BCR > SEC Filings for BCR > Form 8-K on 2-Apr-2009All Recent SEC Filings

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Form 8-K for BARD C R INC /NJ/


2-Apr-2009

Other Events


Item 8.01 Other Events

C. R. Bard, Inc. today announced that the U.S. District Court in Arizona ruled on certain motions in Bard's patent infringement suit against W.L. Gore & Associates. In December 2007, a jury awarded Bard approximately $185 million and found that Gore willfully infringed Bard's patent number 6,436,135 by selling certain ePTFE vascular grafts and stent-grafts. United States patent law provides discretion to courts to increase damages in cases of willful infringement and on March 31, 2009, the Court doubled the jury award to approximately $371 million for damages through June 2007. The Court is still assessing damages for Gore's infringing sales from July 2007 to the present date and is also expected to set a royalty rate for future infringing sales. The Court also awarded Bard attorneys' fees of $19 million and prejudgment interest of approximately $20 million. In addition, the court denied Gore's remaining motions, including its motions for a new trial and to set aside the jury's verdict. After a final judgment is entered, Gore may appeal this matter to the Court of Appeals for the Federal Circuit.


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