Ethicon Endo-Surgery, Inc. v. Covidien, LP, No. 14-1771 (Fed. Cir. 2016)
Annotate this CaseEthicon’s patent is directed to a surgical device used to staple, secure, and seal tissue that has been incised. As is commonly done during endoscopic procedures, a surgeon will insert the device into the patient and will pull a trigger to latch onto a desired tissue. Once attached, the surgeon will then pull another trigger, which causes a blade to move, cutting the desired tissue. Simultaneously, rows of staples on either side of the cutting blade are actuated against a staple forming surface, both securing and sealing the newly-cut tissue. The Patent Trial and Appeals Board granted inter partes review and found all challenged claims invalid as obvious over the prior art. The Federal Circuit rejected an argument that the Board’s final decision is invalid because the same Board panel made both the decision to institute and the final decision and upheld the determination that the claims would have been obvious over prior art.
The court issued a subsequent related opinion or order on June 22, 2016.
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