In Brief: Ethicon Endo-surgery v. USSC
This article was originally published in The Gray Sheet
Executive Summary
Ethicon Endo-surgery v. USSC: Court of Appeals for the Federal Circuit rules that U.S. Surgical's endoscopic and open GIA linear cutter staplers do not infringe an Ethicon patent, as had been charged by the firm. The decision affirms a 1995 decision by U.S. District Court Judge Arthur Spiegel ("The Gray Sheet" Sept. 18, 1995, p. 35). The appeals court has "remanded the case to Judge Spiegel for further findings as to whether any issues remain for trial," USSC explains. The firm notes: "In so doing, the Court of Appeals stated, `if none exist, summary judgment in USS' favor may be appropriate'"...
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