Tenth Circuit Questions Tying Claims in Medical-Device Suit (1)

The Tenth Circuit raised questions Tuesday about the validity of a claim brought by a Florida hospital accusing C.R. Bard Inc. and Bard Access Systems Inc. of unlawfully tying catheter sales to another medical device.

The true essence of Parrish Medical Center’s allegation is a “monopoly claim” rather than a tying claim that bundles the purchase of two products together, Judge Harris L Hartz of the US Court of Appeals for the Tenth Circuit said at an oral argument.

Parrish only purchased the catheters—the tied product—but not the tip-location systems that accurately place the catheters— the tying product.

“To get ...