Ethicon Can’t Revive Surgical Patent, But Gets New Amendment Try

The Federal Circuit upheld a decision finding an Ethicon LLC surgical stapler patent invalid, but gave the Johnson & Johnson unit a new chance to amend part of the patent.

The Patent Trial and Appeal Board found the patent’s claims were anticipated, or lacking in novelty, following a challenge by rival Intuitive Surgical Inc. The board also denied Ethicon’s motion to amend the patent, deciding the proposed substitute claims were anticipated as well.

The U.S. Court of Appeals for the Federal Circuit affirmed the board’s decision on the original claims of U.S. Patent No. 9,585,658 in a non-precedential decision Monday. ...