High Court Denies Covidien’s Prior Art Appeal

December 1, 2015 – The United States Supreme Court denied Covidien PLC’s petition for Writ of Certiorari. Covidien appealed a Federal Circuit decision which reversed a district court award of $176.5 million in damages for J&J unit Ethicon Endo-Surgery Inc.’s purported infringement of Covidien’s patents. The Federal Circuit found that Covidien’s patents were obvious in light of prior art. The patents at issue were U.S. Patent No. 6,063,050, entitled “Ultrasonic dissection and coagulation system,” U.S. Patent No. 6,468,286, entitled “Ultrasonic curved blade,” and U.S. Patent No. 6,682,544, entitled “Ultrasonic curved blade.”

By: David G. Varghese