Court Granted Plaintiff’s Motion to Supplement Pleading

November 15, 2017 – On November 13, 2017, the court granted Plaintiffs Ethicon Endo-Surgery’s, Ethicon LLC’s, and Ethicon US, LLC’s motion to file a supplemental complaint that added a seventh patent-in-suit, the ‘431 patent, because Defendants Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., and Intuitive Surgical, Inc. would not be prejudiced. Plaintiffs accuse the same products of infringement of the new patent as are accused as to other patents-in-suit. Further, a case schedule had not been imposed yet. The infringement claim relates to Intuitive Surgical’s allegedly infringing da Vinci Surgical Systems and EndoWrist Staplers, which are endocutter instruments that cut and staple tissue and are useful in a wide variety of surgical procedures.

The patents at issue are United States Patent Nos. 9,585,658 entitled “Stapling Systems,” 8,479,969 entitled “Drive Interface for Operably Coupling a Manipulatable Surgical Tool to a Robot,” 9,113,874 entitled “Surgical Instrument System,” 8,998,058 entitled “Detachable Motor Powered Surgical Instrument,” 8,991,677 entitled “Detachable Motor Powered Surgical Instrument,” 9,084,601 entitled “Detachable Motor Powered Surgical Instrument,” and 8,616,431 entitled Shiftable Drive Interface for Robotically-Controlled Surgical Tool.” The case is captioned Ethicon LLC et al. v. Intuitive Surgical, Inc. et al., 1-17-cv-00871, and is pending in the District of Delaware.

By: Julian G. Pymento