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AURIS HEALTH v. INTUITIVE SURGICAL OPERATIONS

2021-1732.

32 F.4th 1154 (2022)

AURIS HEALTH, INC., Appellant v. INTUITIVE SURGICAL OPERATIONS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 29, 2022.

Attorney(s) appearing for the Case

Ryan C. Morris , Sidley Austin LLP, Washington, DC, argued for appellant. Also represented by Thomas Anthony Broughan, III ; Ching-Lee Fukuda , New York, NY; Paul J. Rogerson , Chicago, IL.

Benjamin Aaron Saidman , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Atlanta, GA, argued for appellee. Also represented by Jacob Adam Schroeder , Palo Alto, CA; Daniel C. Tucker , Reston, VA.

Dissenting opinion filed by Circuit Judge Reyna.

Auris Health, Inc. ("Auris") petitioned for inter partes review of all five claims of Intuitive Surgical Operations, Inc.'s ("Intuitive") U.S. Patent No. 8,142,447 ("the '447 patent"). In its final written decision, the Patent Trial and Appeal Board ("Board") determined that Auris...

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