Olympus Surgical Says Rival Ignored Court Order In IP Case
By Beth Winegarner
Law360, San Francisco (October 23, 2013, 6:19 PM ET) -- Olympus Surgical & Industrial America Inc. urged a California federal judge Wednesday to strike rival Perfect Surgical Techniques Inc.'s patent infringement claims, arguing PST ignored the court's June order to test four of Olympus' allegedly infringing electrosurgical generators and strengthen its allegations.
Olympus argued that after U.S. District Court Judge Phyllis Hamilton's order, PST purchased and tested just one of the generators it claims infringes Olympus' patents, the ESG-400. When PST filed supplemental infringement contentions Sept. 24, they were no better than earlier claims because of...