Mahurkar v. C.R. Bard, Inc.

79 F.3d 1572 (1996)

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Nature of the Case

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Facts

The '155 patent discloses a simple double-lumen catheter which uses two channels -- one to withdraw fluids, another to inject fluids simultaneously from the body. P filed an initial patent application on October 24, 1983. After two continuations, the PTO issued the '155 patent on February 28, 1989. In May 1990, P granted D a limited license under the '155 patent. This license limited Bard to non-hemodialysis applications. P alleges that D made and sold infringing hemodialysis catheters in violation of that license. In part, D argues that the '155 patent is invalid under §102(a) (1994). D's evidence is that in July 1983, Cook, Inc. published a nationwide catalog disclosing a Cook Double Lumen Subclavian Hemodialysis Catheter. D sought to show that the Cook catalog anticipated claim 1 of the '155 patent. The catalog's publication date preceded the filing of the '155 patent by about three months. D had the burden of persuasion by clear and convincing evidence on all issues relating to the status of the Cook catalog as prior art. At the conclusion of the evidence, both P and D moved for judgment as a matter of law; D for the anticipation of the '155 patent. According to the district court, no reasonable jury could find that the Cook catalog anticipated claim 1. It granted JMOL to P and D appealed.