Federal Circuit· 9/30/1998

C.R. Bard, Inc. v. M3 Systems, Inc.

Citations

157 F.3d 1340
48 U.S.P.Q. 2d (BNA) 1225
1998 U.S. App. LEXIS 24576
1998 WL 709330

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

discussing the relationship between a patent owner’s right to exclude and marketplace monopolies
“It is not presumed that the patent-based right to exclude necessarily establishes market power in antitrust terms.”
\The determination of infringement under section 112 paragraph 6 is a factual question.\
“to violate the antitrust law there must be an improper use of the patent right, ‘coupled with violations of § 2.’”
“[A] sale by a foreign distributor, from a foreign country to the United States can bar patent rights.”
efforts to enforce a patent that is later determined to be invalid does not constitute sham litigation

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayer, Newman, Bryson

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Cited by

204 cases in this archive cite this case; the 20 most cited are listed.

Cites

113 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named C.R. Bard, Inc. v. M3 Systems, Inc.

3 other CourtListener records share this case name.

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