5 TEAM REPRESENTATIVES Andrew Frackman NEW YORK Partner +1 212 326 2017 afrackman@omm.com Pamela A. Miller NEW YORK Partner +1 212 326 2088 pmiller@omm.com Trial Case Study #5 AngioDynamics, Inc. v. C.R. Bard, Inc., et al., Case No. 1:17-cv-00598-BKS-CFH (N.D.N.Y.) O’Melveny proved at the trial that: • Bard adopted an integrated product design to maximize patient safety, not to block competitors; • Bard’s product design did not force any hospitals to purchase Bard catheters rather than AngioDynamics’s and customers had access to other alternative PICC products; • Bard’s pro-competitive investment in selling high-quality innovative products at low prices resulted in its commercial success and high market share, not foreclosure of competition; and • AngioDynamics’s lack of business success was the result of its own failures and choices and not Bard’s PICC design and sales strategy. The Winning Strategy Tying cases are rarely tried. This case presented the important question whether a company should have the freedom to offer an integrated product that benefits its customers, or be forced to adopt “open architecture” and create interoperability with rival offerings even at the expense of the product.
RkJQdWJsaXNoZXIy MTcyMDE0