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ETHICON LLC v. INTUITIVE SURGICAL, INC.

Nos. 2021-1995, 2021-1997.

ETHICON LLC, Appellant v. INTUITIVE SURGICAL, INC., Appellee

United States Court of Appeals, Federal Circuit.

Decided: May 23, 2022.

Attorney(s) appearing for the Case

ANISH R. DESAI , Weil, Gotshal & Manges LLP, New York, NY, argued for appellant. Also represented by ADAM BANKS , ELIZABETH WEISWASSER ; PRIYATA PATEL , CHRISTOPHER PEPE , Washington, DC.

STEVEN KATZ , Fish & Richardson PC, Boston, MA, argued for appellee. Also represented by KENTON W. FREEMAN, JR. , Washington, DC; RYAN PATRICK O'CONNOR , JOHN C. PHILLIPS , San Diego, CA.

Dissenting opinion filed by Circuit Judge NEWMAN.

NOTE: This disposition is nonprecedential.

Appellant Ethicon LLC appeals a final written decision issued in two consolidated inter partes review proceedings where the Patent Trial and Appeal Board concluded that the challenged claims are unpatentable as obvious. Ethicon contends that the Board committed legal error...

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