Intuitive Can’t Appeal Ruling Upholding Ethicon Patent, PTO Says

Intuitive Surgical Inc. is barred from challenging a decision upholding Ethicon LLC’s robotic surgical tool patent, the U.S. Patent and Trademark Office told the Federal Circuit.

The patent office intervened in Intuitive’s appeal of a Patent Trial and Appeal Board ruling upholding the parts of the patent it challenged as anticipated and obvious in light of prior art. The board had terminated Intuitive as a party to the inter partes review it appealed after ruling on two other IPR petitions Intuitive filed challenging overlapping parts of Ethicon’s U.S. Patent No. 8,479,969.

“As a now-terminated party, or nonparty, Intuitive cannot ...