Bloomberg Law
May 26, 2023, 5:33 PM

Intuitive Hangs Onto Trade Court Win In Stomach Stapler IP Spat

Kelcee Griffis
Kelcee Griffis

Ethicon LLC can’t revive its trade dispute claiming that several Intuitive Surgical Inc. units infringe patents for medical-grade staplers and cartridges used in gastric bypass and other weight-loss surgeries, the Federal Circuit ruled Friday.

The International Trade Commission correctly determined that Intuitive’s competing SureForm stapler system didn’t infringe one of Ethicon’s US Patent Nos. 9,844,369, and that a claim in another of its patents, US Patent No. 8,479,969, was invalid, Judge Raymond T. Chen wrote in the nonprecedential opinion.

The ruling is the latest development in a broader IP dispute between the companies, which has included patent-infringement ...

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