After more than a decade of litigation over a high-tech surgical knife, a unit of Johnson & Johnson has finally won a ruling that its device doesn’t infringe a competitor’s patent. The U.S. Court of Appeals for the Federal Circuit on Thursday vacated a $176 million bench verdict won by medical supplier Covidien last year. The appeals court held that the Covidien patents at issue were invalid for obviousness.
The ruling is a win for William Cavanaugh Jr. of Patterson Belknap Webb & Tyler, who was brought in for the appeal by the J&J subsidiary, Ethicon Endo-Surgery Inc. Akin Gump Strauss Hauer & Feld was counsel for the company in the lower court and also helped with the appeal. Covidien is represented by Drew Wintringham of DLA Piper.
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