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ARTICLE · 12 OCTOBER 2015

Enablement: Multiple Measurement Methods Can Lead To The Same Result

McDermott Will & Emery
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The patents-in-suit are directed to ultrasonic surgical devices.

United StatesIntellectual Property
Zachary Getzelman
Zachary Getzelman
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Ethicon Endo-Surgery, Inc. v. Covidien, Inc.

Addressing the issues of indefiniteness and non-infringement for both utility and design patents, the U.S. Court of Appeals for the Federal Circuit reversed and vacated in part the district court's grant of summary judgment in favor of defendants, finding factual issues that remain to be resolved. Ethicon Endo-Surgery, Inc. v. Covidien, Inc. Case No. 14-1370 (Fed. Cir., Aug. 7, 2015) (Chen, J.).

The patents-in-suit are directed to ultrasonic surgical devices. The defendants successfully moved for summary judgment of invalidity and/or non-infringement of the asserted claims following Markman proceedings and close of discovery. The plaintiffs appealed.

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