PTAB Finds Covidien Surgical Instrument Patent Invalid

Law360, New York (December 1, 2016, 5:38 PM EST) -- The Patent Trial and Appeal Board on Wednesday decided a Covidien AG patent covering an electrosurgical instrument was invalid, finding that a unit of Johnson & Johnson had shown the claimed invention would have been obvious.

In a final written decision in an America Invents Act inter partes review, the PTAB said Ethicon Endo-Surgery Inc. had shown that various combinations of earlier inventions and printed publications would have made each of the patent’s claims obvious.

“We determine that petitioner has met its burden of proving the...
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