Thursday, June 01, 2017 8:23:11 AM
In a lawsuit filed in U.S. District Court in Albany, AngioDynamics claims that C.R. Bard's practice of pre-loading its catheter tip placement devices with its own catheters harms competition in the market since it doesn't allow its customers the ability to use catheters made by other companies such as AngioDynamics.
The so-called tip placement devices use imaging technology to locate the correct spot on the body to insert the catheter, which is typically used to administer drugs to a patient directly into their blood stream.
C.R. Bard pre-loads its own catheters into the handheld stylet used with the device. AngioDynamics wants the court to force C.R. Bard to stop this practice of pre-loading its catheters into its stylets, arguing it forces hospitals and doctors into using C.R. Bard catheters. AngioDynamics does not make its own tip placement devices, while those sold by C.R. Bard are some of the most popular on the market.
AngioDynamics says C.R. Bard's practice of pre-loading the catheters into its tip placement devices contributes to high healthcare costs because AngioDynamics' catheters have been shown to lead to fewer complications from improper insertion, which reduces patient costs.
"We are committed to fighting Bard's illegal scheme that has been detrimental to patients, reduced competition and led to increased cost in the marketplace," said AngioDynamics CEO Jim Clemmer.
AngioDynamics, which had $353 million in sales during its fiscal 2016, has 1,300 employees. It's headquarters is in Latham, but it has large distribution and manufacturing operations in Glens Falls and Queensbury. Other locations are in Georgia and outside of Boston. It also has two overseas facilities.
AngioDynamics is seeking undisclosed damages that it has suffered from C.R. Bard's practices, although catheters aren't always inserted into patients using a tip-placement device. The company is being represented by the law firm of Boies Schiller Flexner LLP, including two attorneys in its Albany office, Philip Iovieno and Anne Nardacci.
"This case involves a classic violation of the antitrust laws. Bard has no justification for preventing purchasers from choosing to use its market-leading tip location systems with AngioDynamics' innovative BioFlo PICCs," Iovieno said.
C.R. Bard officials in New Jersey did not immediately have a response to the lawsuit when contacted Wednesday morning. C.R. Bard and AngioDynamics have a history of litigation against one another, with C.R. Bard alleging patent violations against AngioDynamics in lawsuits in recent years.
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