Bard Peripheral Vascular, Inc. v. WL Gore

5BARD PERIPHERAL v. WL GOREterial, .2-.3 gms/cc compared to .53 which he used.He plans to write a paper.PX 116.17703, Bard v. Gore, No. CV 03-0597-PHX-MHM.A trip report by Cooper dated November 3, 1972 states:Dr. Volder has had excellent success in GORE-TEX arteries and veins. The artery work hasbeen perfect using two densities of GORE-TEX:the vein work only when the lower of the two densitieswas used. Our letter to Dr. Volder describingthe properties of the two tubes he has used isin the University of Utah file.Id., PX 116.17766. Dr. Volder’s work was published, “A-VShunts Created In New Ways,” Transactions of the Amer.Soc. for Artificial Internal Organs, Vol. 20, p. 38 (November1973), in which Dr. Volder described the structure andproperties of the Gore-Tex materials, and stated: "It isbelieved that by increasing the average pore size of thematerial, at the moment 5μ [microns], it will be possibleto accelerate the process of tissue infiltration and thedevelopment of capillaries." Id. at 39.Several other surgeons had previously tested theGore-Tex material as vascular grafts in dogs. In November1972 Cooper provided Gore-Tex tubes of variousfibrous structures to Dr. William J. Sharp at the AkronCity Hospital and Dr. Glenn Kelly at the University ofColorado Medical School. This activity is summarized inCooper v. Goldfarb, 154 F.3d 1321 (Fed. Cir. 1998) (“CooperI”), the court stating that “In the spring of 1973, theresearchers participating in the three-structure experimentbegan obtaining results.” Id. at 1324. The courtstated that in “a letter dated April 2, 1973, Dr. Sharpinformed Cooper that two of his grafts had been successful.”Id. at 1324. Dr. Sharp described the characteristicsof fibroblastic infiltration and the nature of the neointima