Merrill Quoted on Patent Scrum Between Ethicon, Intuitive

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Expert Opinion Seen As Carrying The Day In Patent Scrum Between Ethicon, Intuitive

Ethicon Endosurgery Inc. and Intuitive Surgical Inc. have been sparring in the courts over patents for robot surgery systems for some time, and the U.S. Court of Appeals for the Federal Circuit has ruled on yet another of those disputes. Intuitive prevailed in this latest case because a “person of ordinary skill” would have been motivated to combine several references in the prior art related to the Ethicon patent, but Courtland Merrill, a partner in the Minneapolis office of Saul, Ewing, told BioWorld that a key factor in this outcome is that expert testimony for Intuitive was more persuasive than that offered by Ethicon.

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