March 25, 2023

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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 demo and seeks travel and other prices
  • AngioDynamics has appealed verdict to 2nd U.S. Circuit

(Reuters) – Healthcare technology company AngioDynamics Inc is bucking what it calls an “extraordinary” exertion by a rival enterprise to get well hundreds of hundreds of pounds in lawful charges following its earn at trial very last month in New York federal district court docket.

Represented by lawyers at Cadwalader, Wickersham & Taft, AngioDynamics in a Nov. 25 court docket filing urged Chief U.S. District Decide Brenda Sannes in Albany to reject most of the tab introduced by C.R. Bard Inc for more than $420,000 in prices tied to the nearly three-7 days demo.

Bard’s lawyers at O’Melveny & Myers explained the organization was entitled to recover these expenses, immediately after a jury in Oct dominated for the corporation in a lawsuit introduced by New York-centered AngioDynamics.

AngioDynamics alleged Bard, a subsidiary of Becton, Dickinson and Co, abused its electric power in the markets for a particular style of “peripherally inserted” catheter and for programs that help clinicians identify the area of the suggestion of the catheter. AngioDynamics was a competitor.

Bard’s bill includes trial demonstrative displays and other copying fees, airfare and lodging charges for witnesses and transcript expenses.

In Oct, a jury deliberated for two times in advance of issuing a verdict for Bard, which had denied violating U.S. antitrust law. AngioDynamics’ obstacle to the verdict is pending in the New York-dependent 2nd U.S. Circuit Courtroom of Appeals.

A spokesperson for AngioDynamics and a lawyer for the enterprise at Cadwalader did not quickly reply to a message in search of comment on Monday.

A Bard trial attorney at O’Melveny did not straight away respond to a identical information.

Becton Dickinson associates declined to remark about demo expenses, but they mentioned in a statement that they “will proceed to pursue ideal avenues for implementing our company’s intellectual assets legal rights and business enterprise interests.”

Bard mentioned in its “monthly bill of charges” filing that it was only presenting a “slender established” of fees that the organization claimed it desires to recover. The bill includes expenditures connected with 37 depositions.

AngioDynamics’ legal professionals objected to prices for these things as cloud storage charges and worldwide airfare for witnesses who lived in the U.S.

“Bard gives no explanation why travel from an intercontinental nation was necessary” for a witness residing in Utah and a further who teaches at Yale University of Management, Cadwalader’s Philip Iovieno informed the courtroom.

AngioDynamics stated Bard should recover no extra than about $75,000.

The circumstance is AngioDynamics Inc v C.R. Bard Inc, U.S. District Court docket 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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Our Expectations: The Thomson Reuters Trust Principles.