Petition for Inter Partes Review by Ethicon Endo-Surgery, Inc.

On October 24, 2016, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final decision in an inter partes review regarding a petition filed by Ethicon Endo-Surgery, Inc. (“Petitioner”) over the patentability of claims 1 and 3-11 recited in U.S. Patent No. 8,241,284 (“the ‘284 Patent”).  The ‘284 Patent, which issued on August 13, 2012, is owned by Covidien AG and is drawn to an endoscopic bipolar electrosurgical forceps for clamping, sealing and/or dividing tissue.  In the decision, the Board denied the institution of the inter partes review because the Petitioner had not demonstrated a reasonable likelihood of prevailing in showing that any of the challenged claims were unpatentable.  The inter partes review remains pending at the Board and is captioned IPR2016-00944.

By:  Jacqueline A. DiRamio

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