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INTUITIVE SURGICAL, INC. v. ETHICON LLC

2020-1481.

25 F.4th 1035 (2022)

INTUITIVE SURGICAL, INC., Appellant v. ETHICON LLC, Appellee Andrew Hirshfeld, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: February 11, 2022.

Attorney(s) appearing for the Case

Steven Katz , Fish & Richardson P.C., Boston, MA, argued for appellant. Also represented by Ryan Patrick O'Connor , John C. Phillips , San Diego, CA.

Anish R. Desai , Weil, Gotshal & Manges LLP, New York, NY, argued for appellee. Also represented by Elizabeth Weiswasser ; Priyata Patel , Christopher Pepe , Washington, DC.

Sarah E. Craven , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for intervenor. Also represented by Thomas W. Krause , Farheena Yasmeen Rasheed , Molly R. Silfen .

Before O'Malley, Clevenger, and Stoll, Circuit Judges.

Intuitive Surgical, Inc. ("Intuitive") appeals from a final written decision of the Patent Trial and Appeal Board ("Board") upholding the patentability of claims 24-26 of U.S. Patent No. 8,479,969. See Intuitive Surgical, Inc. v. Ethicon LLC, No. IPR2018-01248, 2020 WL 594140 (P.T.A.B. Feb. 6, 2020).

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