Medical device maker AngioDynamics fights rival's 'extraordinary' trial bill

U.S. one hundred dollar notes are seen in this picture illustration taken in Seoul February 7, 2011. REUTERS/Lee Jae-Won/File Photo
  • Defendant C.R. Bard Inc prevailed at antitrust trial and seeks travel and other costs
  • AngioDynamics has appealed verdict to 2nd U.S. Circuit

(Reuters) - Medical technology company AngioDynamics Inc is bucking what it calls an "extraordinary" effort by a rival company to recover hundreds of thousands of dollars in legal costs following its win at trial last month in New York federal district court.

Represented by lawyers at Cadwalader, Wickersham & Taft, AngioDynamics in a Nov. 25 court filing urged Chief U.S. District Judge Brenda Sannes in Albany to reject most of the tab presented by C.R. Bard Inc for more than $420,000 in costs tied to the nearly three-week trial.

Bard's attorneys at O'Melveny & Myers said the company was entitled to recover those costs, after a jury in October ruled for the company in a lawsuit brought by New York-based AngioDynamics.

AngioDynamics alleged Bard, a subsidiary of Becton, Dickinson and Co, abused its power in the markets for a certain type of "peripherally inserted" catheter and for systems that help clinicians determine the location of the tip of the catheter. AngioDynamics was a competitor.

Bard's bill includes trial demonstrative exhibits and other copying costs, airfare and lodging costs for witnesses and transcript fees.

In October, a jury deliberated for two days before issuing a verdict for Bard, which had denied violating U.S. antitrust law. AngioDynamics' challenge to the verdict is pending in the New York-based 2nd U.S. Circuit Court of Appeals.

A spokesperson for AngioDynamics and a lawyer for the company at Cadwalader did not immediately respond to a message seeking comment on Monday.

A Bard trial lawyer at O'Melveny did not immediately respond to a similar message.

Becton Dickinson representatives declined to comment about trial costs, but they said in a statement that they "will continue to pursue appropriate avenues for enforcing our company's intellectual property rights and business interests."

Bard said in its "bill of costs" filing that it was only presenting a "narrow set" of expenses that the company said it wants to recover. The bill includes costs associated with 37 depositions.

AngioDynamics' lawyers objected to costs for such items as cloud storage fees and international airfare for witnesses who lived in the U.S.

"Bard offers no explanation why travel from an international country was necessary" for a witness residing in Utah and another who teaches at Yale School of Management, Cadwalader's Philip Iovieno told the court.

AngioDynamics said Bard should recover no more than about $75,000.

The case is AngioDynamics Inc v C.R. Bard Inc, U.S. District Court for the Northern District of New York, No. 1:17-cv-00598.

For AngioDynamics: Philip Iovieno of Cadwalader, Wickersham & Taft

For Bard: Andrew Frackman of O'Melveny & Myers; and Robert Atkins of Paul, Weiss, Rifkind, Wharton & Garrison

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