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PERFECT SURGICAL TECHNIQUES v. OLYMPUS AMERICA

2015-2043.

841 F.3d 1004 (2016)

PERFECT SURGICAL TECHNIQUES, INC., Appellant v. OLYMPUS AMERICA, INC., Olympus Medical Systems Corporation, Appellees.

United States Court of Appeals, Federal Circuit.

Decided: November 15, 2016.

Attorney(s) appearing for the Case

ROBERT E. FREITAS , Freitas Angell & Weinberg LLP, Redwood City, CA, argued for appellant. Also represented by DANIEL J. WEINBERG , JOSHUA YOUNG.

DEBORAH E. FISHMAN , Kaye Scholer LLP, Palo Alto, CA, argued for appellees. Also represented by KATIE JEANNINE LEWIS SCOTT , MARISA ARMANINO WILLIAMS.

Opinion concurring in part and dissenting in part filed by Circuit Judge SCHALL.

Perfect Surgical Techniques, Inc. ("PST") appeals from a decision of the Patent Trial and Appeal Board ("Board") invalidating claims 1, 4-6, 8, 9, 11, 12, 38, 41-44, 46, 47, and 49 of U.S. Patent No. 6,030,384 ("'384 patent"). For the reasons set forth below, we vacate and remand.

BACKGROUND

This appeal arises...

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