Medline Industries vs. C.R. Bard: Foley Catheter Patent Case Stayed Pending PTAB Review
What would you like to do next?
Choose your path based on your current needs:
📋 Case Summary
| Case Name | Medline Industries, LP v. C.R. Bard, Inc. |
| Case Number | 1:23-cv-05827 (N.D. Ga.) |
| Court | U.S. District Court for the Northern District of Georgia |
| Duration | Dec 2023 – Jan 2025 1 year 1 month |
| Outcome | Case Stayed Pending PTAB Review |
| Patents at Issue | |
| Accused Products | SureStep™ Foley Catheter trays |
Case Overview
The Parties
⚖️ Plaintiff
One of the largest privately held manufacturers and distributors of medical supplies in the United States, with a substantial portfolio of medical device patents.
🛡️ Defendant
Now a subsidiary of BD (Becton, Dickinson and Company), a global leader in vascular, urology, and oncology medical technologies with deep patent holdings.
Patents at Issue
This case centers on three U.S. patents covering Foley catheter tray technology—sterile procedural kits used in urological care—and the accused SureStep™ Foley Catheter trays:
- • US11661219B2 — Foley catheter tray technology
- • US11684347B2 — Catheter kit assembly features
- • US11661220B2 — Sterile procedural kit configurations
Developing a similar medical device?
Check if your catheter design or procedural kit might infringe these or related patents.
The Stay & Legal Analysis
Outcome
The court granted a joint motion to stay all proceedings, citing good cause based on pending IPR petitions before the PTAB. **All deadlines in the case are stayed**, and the district court litigation is effectively suspended, awaiting PTAB determinations on patent validity.
Key Legal Issues
The procedural pivot here is the Inter Partes Review (IPR) mechanism. IPR proceedings allow parties to challenge patent validity at the PTAB, a strategic maneuver that can pause costly district court discovery and pre-trial motions. The joint nature of the stay motion suggests both parties recognized the efficiency of resolving validity questions at PTAB before investing in full trial preparation.
Filing a medical device patent?
Learn from this case. Use AI to draft stronger claims that can withstand litigation and PTAB challenges.
Power Your Patent Strategy with Eureka IP
From novelty searches to patent drafting, Eureka’s AI-powered tools help you navigate the patent landscape with confidence.
⚠️ Freedom to Operate (FTO) Analysis in Medical Devices
This case highlights critical IP risks in medical device design. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications from this litigation in catheter technology.
- View all related patents in this technology space
- See which companies are most active in urological device patents
- Understand PTAB IPR claim construction patterns
🔍 Check My Product’s Risk
Run a comprehensive FTO analysis for your own medical device or product.
- Input your product description or technical features
- AI identifies potentially blocking patents
- Get actionable risk assessment report
High Risk Area
Foley catheter tray technology
3 Patents Asserted
In catheter technology space
PTAB Intervention
Validity review underway
✅ Key Takeaways
For Patent Attorneys & Litigators
Joint stay motions pending IPR are increasingly common and signal mutual recognition of PTAB’s validity-determining role.
Search related case law →Early IPR filing is a decisive defensive lever in medical device litigation, potentially delaying or defeating infringement claims.
Explore PTAB strategies →For R&D Leaders & IP Professionals
FTO analyses for catheter procedural trays must account for continuation patent families, not just initially issued patents.
Start FTO analysis for my product →Design-around strategies should anticipate the broadest reasonable claim interpretations pending PTAB review outcomes.
Try AI patent drafting →Ready to Strengthen Your Patent Strategy?
Join thousands of IP professionals using Eureka to conduct prior art searches, draft patents, and analyze competitive landscapes.