PTAB Upholds Most Of J&J Unit's Robotic Surgical Patent

Law360 (February 19, 2020, 6:48 PM EST) -- The Patent Trial and Appeal Board has mostly upheld a Johnson & Johnson unit’s patent for a robotic surgical tool that was challenged by a rival who claimed it was invalid over prior art, finding some of the rival’s arguments to be “rooted in the bias of hindsight.”

In a 38-page decision Tuesday, the PTAB said several claims in Ethicon LLC’s patent were not invalid as obvious, rejecting Intuitive Surgical Inc.’s contention that an ordinarily skilled person would be motivated to combine prior art to arrive at those claims.

Notably, the board disagreed that it would be obvious to such a...

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