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| Rochester Medical Corporation v. C.R. Bard, Inc. et al. |
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C.R. Bard, Inc. - Chicago
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| Winston & Strawn represented C.R. Bard, the largest-selling manufacturer of indwelling (Foley) catheters in the United States, in an antitrust lawsuit brought by Rochester Medical Corporation, a niche manufacturer of silicone Foley catheters. Tyco, along with Premier and Novation, the two largest hospital group purchasing organizations (GPOs) in the medical device industry, were co-defendants in this case. Rochester alleged that the defendants had conspired to exclude Rochester from the market for urological catheters, including the market for infection control catheters. Rochester claimed it had created an infection control Foley catheter that was superior to catheters offered by Bard and Tyco in reducing urinary tract infections. Rochester had not been awarded purchasing agreements with either Premier or Novation, while Bard and Tyco have contracts with most of the large GPOs in the country. Some of these contracts gave hospitals a price discount for agreeing to buy 80-90 percent of their required urological products in a given number from one of the manufacturers. Rochester claimed that these discounts effectively prevented hospitals from choosing to purchase products not offered under the GPO contract. Rochester asked for just over $210 million in damages, which, in this civil antitrust action, would have been trebled to more than $630 million. Prior to briefing for summary judgment, Bard settled with Rochester for a small fraction of what plaintiffs sought in damages. |
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