The U.S. Court of Appeals for the Federal Circuit returned a ruling in C.R. Bard v. Angiodynamics that largely overwrote a district court ruling in the case. C. R. Bard of Murray Hill, N.J., had sued Angiodynamics Inc., of Latham, N.Y., for infringement of three patents related to vascular access ports, and Angiodynamics unsuccessfully moved in 2016 to have the complaint dismissed due to subject matter ineligibility. The district court ruled that the motion regarding subject matter eligibility was premature, shortly after which the matter went to a jury trial. Prior to the conclusion of the jury trial, the judge hearing the trial in Delaware district court granted Angiodynamics’ motion for judgment that the asserted claims were neither infringed nor willfully infringed, and that the claims were invalid as directed to printed matter. However, the Federal Circuit said there was a substantial body of evidence that supported a jury finding of infringement and willfulness, and that the asserted claims were not entirely directed to printed matter. Thus, the court reversed in part the district court’s decision and remanded part of the decision for further proceedings.
FDA warning letter to company promoting test kits
The Oct. 29 FDA warning letter to Trask and Roth Inc., of Tempe, Ariz., said the company had promoted a “lateral flow testing device” for sale in the U.S., which had been described as a test for immunoglobulins G and M, two of the primary antibody isotype targets for the SARS-CoV-2 virus. The agency recommended that the company email the steps taken to correct the violations within 48 hours of receipt. The company’s website still features a webpage that discusses lateral flow testing for two isotypes for the SARS-CoV-2 virus.