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Angiodynamics Inc. v. C.R. Bard Inc.

Plaintiff Sufficiently Pleads Coercion, Separate Products, and Anticompetitive Effects

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MEMORANDUM-DECISION AND ORDERI. INTRODUCTION  Plaintiff AngioDynamics, Inc. (“AngioDynamics”) brings this antitrust action against Defendants C.R. Bard, Inc. and Bard Access Systems, Inc. (collectively, “Bard”), asserting a claim of illegal tying in violation of section 1 of the Sherman Act (codified at 15 U.S.C. §1) under “per se” and “rule of reason” theories of liability. (See generally Dkt. No. 1). AngioDynamics seeks treble damages, a permanent injunction, and declaratory relief. (See id. at 29). Bard now moves to dismiss the Complaint for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Dkt. No. 14). For the reasons set forth below, Bard’s motion is denied.I. FACTS1A. Peripherally Inserted Central CathetersAngioDynamics manufactures medical devices used for minimally invasive treatment of medical conditions requiring vascular access, peripheral vascular, oncology, or surgical interventions. (Dkt. No.24). Similarly, Bard manufactures vascular access, oncological, urological, and surgical medical devices. (Id.

25, 26). More specifically, both AngioDynamics and Bard manufacture, market, and sell peripherally inserted central catheters (“PICCs”). (Id.30). PICCs are long, thin catheters inserted into the body through a vein, most commonly the basilic vein in the upper arm, and passed to the distal superior vena cava, the large vein leading to the right atrium of the heart. (Id.

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