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Judge Burke recommends grant-in-part of motion for summary judgment of no anticipation

In W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., et al., C.A. No. 11-515-LPS-CJB (D. Del. Nov. 9, 2015), Magistrate Judge Christopher J. Burke considered a number of references, related to the stent-graft work of three different physicians (Lee, Vallbracht, and Palmaz), that Defendants claimed anticipated the U.S. Patent No. 5,735,892, entitled “Intraluminal Stent Graft.”

The Court concluded that the Lee references, and one Vallbracht reference, did not disclose certain limitations of the asserted claims, and thus recommended that Plaintiff’s motion for summary judgment of no anticipation be granted as to those refernces. See id. at 8-20; 26-28. On the other hand, the Court concluded that issues of material fact remained with respect to whether another Vallbracht reference, as well as all the Palmaz references, anticipated certain claims of the patent-in-suit. See id. at 21-26; 28-32. Accordingly, the Court recommended that Plaintiff’s motion be denied-in-part.

UPDATE: In a Memorandum Order dated November 24, 2015, Chief Judge Stark has adopted Judge Burke’s order in all respects. See W.L. Gore & Assocs., Inc. v. C.R. Bard, Inc., et al. C.A. No. 11-515-LPS-CJB, Memo. Or. at 4-5 (D. Del. Nov. 24, 2015).

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