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ETHICON ENDO-SURGERY, INC. v. COVIDIEN LP

No. 2014-1771.

812 F.3d 1023 (2016)

ETHICON ENDO-SURGERY, INC., Appellant v. COVIDIEN LP, Appellee.

United States Court of Appeals, Federal Circuit.

January 13, 2016.

Attorney(s) appearing for the Case

Philip Staton Johnson , Johnson & Johnson, New Brunswick, NJ, argued for appellant. Also represented by Steven D. Maslowski , Ruben H. Munoz , Jason Weil , Akin, Gump, Strauss, Hauer & Feld, LLP, Philadelphia, PA; Pratik A. Shah , Hyland Hunt , Washington, DC.

Kathleen Daley , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for appellee. Also represented by J. Michael Jakes ; J. Derek McCorquindale , Reston, VA.

Katherine Twomey Allen , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor Michelle K. Lee. Also represented by Benjamin C. Mizer , Mark R. Freeman ; Nathan K. Kelley , Scott Weidenfeller , Stacy Beth Margolies , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge NEWMAN.

Ethicon Endo-Surgery, Inc. ("Ethicon") owns U.S. Patent No. 8,317,070 ("the '070 patent"). Covidien LP ("Covidien") petitioned the United States Patent and Trademark Office ("PTO") for inter partes review of claims 1-14 of the '070 patent. The PTO, through a panel of the Patent Trial and Appeals Board ("PTAB" or "Board"), granted...

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