C. R. Bard v. AngioDynamics was decided on November 10, 2020, on appeal from the District of Delaware. Partway through the jury trial, the district court granted Defendant AngioDynamics JMOL that Plaintiff Bard’s asserted claims were not infringed, were not willfully infringed, and were invalid as directed to ineligible subject matter. The district court also granted AngioDynamics’ summary judgment that the claims are invalid as anticipated. Bard appealed.
The Federal Circuit reversed the judgment of invalidity under § 101, vacated the anticipation judgment, vacated the judgment of non-infringement, and vacated the judgment of no willful infringement.
The district court erred in granting AngioDynamics JMOL of no willful infringement. The district court’s judgement of no willfulness was based “on its conclusion that Bard had failed to show infringement.” In the alternative, the district court held that Bard failed to show willfulness “because AngioDynamics had obtained written opinions of counsel regarding the invalidity of the asserted claims of the patents-in-suit, and Bard had failed to show that the opinions were drafted by a bad law firm or put forth other evidence of willfulness.”
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Bard, however, “introduced evidence at trial that AngioDynamics’s Director of Intellectual Property was aware of the applications that issued as the patents-in-suit prior to their issuance.” “Bard also introduced evidence that AngioDynamics intentionally copied Bard’s [product] based on market demand.” “This is sufficient evidence to support a jury verdict of willfulness.” “While the existence of an invalidity opinion is a relevant factor in determining willfulness, it was not dispositive, and the question of whether AngioDynamics reasonably believed that the asserted claims were invalid was a question of fact for the jury.”