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Court Rules In Favor of Guidant Unit on Patent Suit Brought by Bard in Europe; Dutch Court Denies Bard's Injunction Request.


INDIANAPOLIS--(HealthWire)--May 4, 1995--Guidant Corporation (NYSE:GDT) today announced that a request for an interim injunction against the Company's Advanced Cardiovascular Systems, (ACS ACS - American Cancer Society
ACS - Assistant Chief of Staff
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ACS - Abdominal Compartment Syndrome
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ACS - Academic Computing Services
ACS - Accel Computer Services
ACS - Accent Computer Services Ltd.
ACS - Acceptance Criteria Specification
ACS - Access
ACS - Access Control Server (Cisco Systems)
ACS - Access Control Server (Cisco)
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) Inc., unit, filed by C.R. Bard, Inc., with the District Court of The Hague, The Netherlands, was denied. The opinion of the Dutch Patent Office, rendered on April 3, 1995, held all of the claims in the Bard patent invalid. The opinion was reviewed by The Hague District Court and the final decision was rendered on May 3, 1995.

On December 14, 1994, ACS was notified that C.R. Bard, Inc., filed a request for an interim injunction in The Hague, The Hague, The (hāg), Du. 's Gravenhage or Den Haag, Fr. La Haye, city (1994 pop. 445,279), administrative and governmental seat of the Kingdom of the Netherlands, capital of South Holland prov., W Netherlands, on the North Sea. Netherlands, seeking to enjoin enjoin v. for a court to order that someone either do a specific act, cease a course of conduct, or be prohibited from committing a certain act. To obtain such an order, called an injunction, a private party or public agency has to file a petition for a writ of injunction, serve it on the party he/she/it hopes to be enjoined, allowing time for a written response. the production and sale by ACS in the United Kingdom, Germany, France, The Netherlands, and Spain of the company's rapid exchange and rapid exchange perfusion catheters because such production and sale allegedly infringed a European patent that was granted on May 4, 1994. The request also sought an unspecified amount of damages resulting from such production and sale by ACS from and after May 4, 1994.

On January 19, 1995, Bard's request for an interim injunction was heard by the court. Prior to the hearing, Bard voluntarily withdrew its request for injunction against the ACS RX FLOWTRACK(R) 40, ACS RX PERFUSION(TM), and the ACS RX PASSPORT(TM) catheters, but maintained its request for an injunction against the ACS RX ELIPSE(TM), ACS RX STREAK(R), and the ACS RX ALPHA(TM) catheters. The court deferred Bard's request, asking the Dutch Patent Office to provide an opinion on the patent.

``We were confident that upon further review of the merits of the case, our products would not be enjoined,'' said Ginger L. Howard, president of ACS and a Guidant vice president. ``We have been successful in defending our products in the past and will continue to aggressively defend them in the future.''

A leader in the medical device industry, Guidant Corporation provides innovative, cost-effect products and services to the global cardiology and minimally invasive surgery marketplaces. Guidant comprises Advanced Cardiovascular Systems, Inc. (ACS), Cardiac Pacemakers, Inc. (CPI), Devices for Vascular Intervention, Inc. (DVI), Heart Rhythm Technologies, Inc. (HRT), Origin Medsystems, Inc., and the Company's international affiliates.

CONTACT: Guidant Corporation, Indianapolis

David W. Pomfret, 317/971-2031

Emile S. Godfrey, Jr., 317/971-2030
COPYRIGHT 1995 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1995, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:May 4, 1995
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