ARTHROCARE CORP. v. SMITH & NEPHEW, INC.

Nos. 04-1323, 04-1487.

406 F.3d 1365 (2005)

ARTHROCARE CORPORATION, Plaintiff/Counterclaim Defendant-Appellee, and Ethicon, Inc., Counterclaim Defendant-Appellee, v. SMITH & NEPHEW, INC., Defendant/Counterclaimant-Appellant.

United States Court of Appeals, Federal Circuit.

May 10, 2005.


Attorney(s) appearing for the Case

Jared Bobrow, Weil, Gotshal & Manges LLP, of Redwood Shores, California, argued for plaintiff/counterclaim defendant-appellee. With him on the brief were Matthew D. Powers and Perry R. Clark. Of counsel on the brief were Timothy E. DeMasi, of New York, New York; and Jack B. Blumenfeld and Karen Jacobs Louden, Morris, Nichols, Arsht & Tunnell, of Wilmington, Delaware.

George F. Pappas, Venable LLP, of Washington, DC, argued for counterclaim defendant-appellee. With him on the brief were Vicki Margolis and Rebecca G. Lombard.

Ruffin B. Cordell, Fish & Richardson P.C., of Washington, DC, argued for defendant/counterclaimant-appellant. With him on the brief were Lauren A. Degnan and Tina M. Chappell. Of counsel on the brief were Mark J. Hebert and Thomas M. Johnston, of Boston, Massachusetts. Of counsel was William J. Marsden, Jr., of Wilmington, Delaware.

Before MAYER, LOURIE, and BRYSON, Circuit Judges.


BRYSON, Circuit Judge.

The term electrosurgery refers to a surgical technique in which high frequency electrical current is applied to cut or ablate body tissue. There are two forms of electrosurgical devices, monopolar and bipolar. In monopolar devices, electric current passes from a single exposed electrode into the body tissue that is to be ablated. The current then passes through the body to a return electrode, usually attached to the outside of the patient's...

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