Tyco Healthcare Grp., LP v. Ethicon Endo-Surgery, Inc., No. 13-1324 (Fed. Cir. 2014)Annotate this Case
Tyco sued alleging that Ethicon’s ultrasonic cutting and coagulating surgical devices infringed certain claims in three of its patents. The district court held that certain claims of those patents would not have been obvious under 35 U.S.C. 103, but that the other asserted claims are anticipated under 35 U.S.C. 102(g). The Federal Circuit upheld the section102(g) findings, but held that the section 103 determination was improper, including the court’s decision to exclude the section 102(g) prior art from the obviousness analysis.