C.R. Bard, Inc. v. Medical Components, Inc

22-1136, 22-1186

Issue(s) Presented

  1. “Whether, at Alice step one, Bard’s claims directed to vascular access ports containing, inter alia, structures such as a port body, a septum and an outlet stem and either a radiopaque marker or a structural feature having a concave side surface that identify the port as power injectable are directed to patent-eligible subject matter.”
  2. “Whether, at Alice step two, Bard’s use of radiopaque markers and identifying structural features on a power injectable port constitutes an inventive concept.”


“We are bound by our precedent in C R Bard Inc. v. AngioDynamics, Inc., 979 F.3d 1372 (Fed. Cir. 2020). . . . we conclude that the asserted claims in Bard’s three patents are directed to eligible subject matter under § 101. Accordingly, we reverse the district court’s opinion in the lead appeal and find that the asserted claims of the ’302, ’022, and ’615 patents are eligible under § 101. And because the district court applied the same erroneous § 101 analysis to MedComp’s ’324 patent, we vacate and remand the district court’s opinion in the cross appeal and direct the district court to reconsider its findings in the first instance, consistent with this opinion.”