Court Grants Plaintiff’s Motion to Amend Complaint on Surgical Stapler Patent

July 2, 2018 – Ethicon Endo-Surgery, Inc., Ethicon LLC, and Ethicon US, LLC had brought an infringement suit against Intuitive Surgical Holdings, LLC, Intuitive Surgical Operations, Inc., and Intuitive Surgical, Inc. for its patents regarding surgical staplers.

One June 28, the Court granted plaintiffs’ motion to amend their complaint to reflect a post-filing Certificate of Correction. The Court held that there is no per se bar on supplementing a complaint “to assert ongoing infringement of a patent claim in its presently-existing state, in light of the issuance, during the pendency of a lawsuit, of a Certificate of Correction.”

The patents at issue are U.S. 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,” and 9,084,601 entitled “Detachable Motor Powered Surgical Instrument.”  The case is captioned Ethicon LLC et al v. Intuitive Surgical, Inc. et al, Case No. 11-17-cv-00871, and is pending in the District of Delaware.

By: Julian G. Pymento