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USSC V. ETHICON INFRINGEMENT SUIT LIKELY TO GET REHEARING BY APPEALS COURT FOLLOWING SUPREME COURT RULING ON JUDGES' POWER TO INTERPRET PATENT CLAIMS

This article was originally published in The Gray Sheet

Executive Summary

U.S. Surgical likely will get a rehearing on its clip applier patent infringement allegations against Ethicon Endosurgery in light of an April 23 Supreme Court ruling in the related infringement case of Markman v. Westview Instruments. In Markman, the high court ruled that judges rather than juries have purview over interpretation of patent claims in infringement cases.
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