April 12, 2017 – On April 11, 2017, Judge Black of the Southern District of Ohio construed two claim terms of asserted U.S. Patent No. 9,168,055, directed to ultrasonic surgical shears. The Court found that no construction was needed for the term “spring,” and adopted defendant Covidien’s proposed construction of the term “predetermined average coaptation clamping force.” The adopted construction of the latter term did not include Ethicon’s proposal that the force “is measured when the clamping arm is in a closed position.” According to the claim construction order, the Court had previously construed the disputed terms accordingly for the parent of the asserted patent at an earlier stage of the litigation, which construction was agreed to and not appealed by Ethicon.
The patent-in-suit is entitled Ultrasonic Surgical Shears And Method For Sealing A Blood Vessel Using Same. The case is captioned Ethicon Endo-Surgery, Inc. v. Covidien, Inc., Docket No. 1-11-cv-00871, in the Southern District of Ohio.
By: Sean C. McDonagh