Ethicon Loses Fed. Circ. Bid To Revive Surgical Tool Patent

By Dani Kass (May 23, 2022, 8:26 PM EDT) -- The Patent Trial and Appeal Board didn't shift the burden to a Johnson & Johnson unit to prove that its own surgical stapler patent holds up before finding it invalid as obvious, a divided Federal Circuit panel ruled Monday.

The majority of a three-judge panel agreed with the PTAB that Intuitive Surgical Inc. sufficiently proved that a skilled artisan would have been motivated to combine prior art to reach J&J subsidiary Ethicon LLC's invention and that such an artisan would have had a reasonable expectation of success. 

While the burden of proof is on Intuitive to show the patent is invalid,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!