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June 18, 2021
A Cadwalader Antitrust Litigation team led by co-head Philip Iovieno and including Karen Dyer, Nicholas Gravante and Mark Singer scored a victory for client AngioDynamics, Inc. when the Honorable Brenda K. Sannes of the Northern District of New York ordered that AngioDynamics’ claim against C.R. Bard, Inc. and Bard Access Systems, Inc. (“Bard”) should move to a jury trial where AngioDynamics is seeking hundreds of millions of dollars in monetary damages and injunctive relief.
Judge Sannes wrote that “there is sufficient evidence in the record to create triable issues of fact as to whether AngioDynamics has suffered injury as a result of an antitrust violation committed by Bard. Therefore, AngioDynamics may continue to pursue its claim for injunctive and declaratory relief.” AngioDynamics had asserted a claim of illegal tying in violation of section 1 of the Sherman Act under “per se” and “rule of reason” theories of liability against Bard.