J&J Scalpel Unit Can’t Duck Tyco Patent Suit

Law360, New York (September 23, 2011, 5:29 PM EDT) -- A Connecticut federal judge ruled Friday that Johnson & Johnson unit Ethicon Endo-Surgery Inc. couldn’t shake a suit claiming it had infringed three Tyco Healthcare Group LP scalpel patents, nixing two of Ethicon's affirmative defenses.

U.S. District Judge Janet Bond Arterton shot down Ethicon's arguments that Tyco, now known as Covidien PLC, could not demonstrate Ethicon knew or should have known that its line of scalpels infringed the patents held by its competitor.

Judge Arterton said that Ethicon's first affirmative defense against Tyco's claims of willful...
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