Medical device maker AngioDynamics fights rival’s ‘extraordinary’ trial bill

Medical device maker AngioDynamics fights rival’s ‘extraordinary’ trial bill

  • Defendant C.R. Bard Inc prevailed at antitrust trial and seeks travel and other expenses
  • AngioDynamics has appealed verdict to 2nd U.S. Circuit

(Reuters) – Health care technological know-how corporation AngioDynamics Inc is bucking what it calls an “remarkable” exertion by a rival firm to recuperate hundreds of 1000’s of pounds in authorized expenses subsequent its earn at trial last thirty day period in New York federal district courtroom.

Represented by lawyers at Cadwalader, Wickersham & Taft, AngioDynamics in a Nov. 25 courtroom filing urged Chief U.S. District Choose Brenda Sannes in Albany to reject most of the tab presented by C.R. Bard Inc for extra than $420,000 in prices tied to the just about a few-week demo.

Bard’s attorneys at O’Melveny & Myers stated the firm was entitled to get better these expenditures, soon after a jury in October ruled for the organization in a lawsuit brought by New York-based mostly AngioDynamics.

AngioDynamics alleged Bard, a subsidiary of Becton, Dickinson and Co, abused its electrical power in the markets for a specified type of “peripherally inserted” catheter and for methods that enable clinicians ascertain the location of the tip of the catheter. AngioDynamics was a competitor.

Bard’s monthly bill involves trial demonstrative exhibits and other copying costs, airfare and lodging prices for witnesses and transcript service fees.

In Oct, a jury deliberated for two times right before issuing a verdict for Bard, which experienced denied violating U.S. antitrust regulation. AngioDynamics’ challenge to the verdict is pending in the New York-dependent 2nd U.S. Circuit Court of Appeals.

A spokesperson for AngioDynamics and a lawyer for the business at Cadwalader did not quickly reply to a information looking for comment on Monday.

A Bard trial lawyer at O’Melveny did not instantly reply to a equivalent message.

Becton Dickinson associates declined to comment about trial charges, but they said in a statement that they “will keep on to go after correct avenues for imposing our firm’s intellectual assets rights and small business pursuits.”

Bard claimed in its “monthly bill of expenses” filing that it was only presenting a “slim set” of charges that the corporation stated it wants to recover. The bill includes prices linked with 37 depositions.

AngioDynamics’ attorneys objected to costs for these kinds of products as cloud storage expenses and international airfare for witnesses who lived in the U.S.

“Bard gives no rationalization why journey from an worldwide country was required” for a witness residing in Utah and a different who teaches at Yale University of Management, Cadwalader’s Philip Iovieno instructed the courtroom.

AngioDynamics explained Bard should get well no far more than about $75,000.

The scenario is AngioDynamics Inc v C.R. Bard Inc, U.S. District Court for the Northern District of New York, No. 1:17-cv-00598.

For AngioDynamics: Philip Iovieno of Cadwalader, Wickersham & Taft

For Bard: Andrew Frackman of O’Melveny & Myers and Robert Atkins of Paul, Weiss, Rifkind, Wharton & Garrison

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