United States Federal Circuit

In this patent litigation involving the asserted claims of patents '544, '050, and '286, which generally disclose a surgical device, judgment finding that certain asserted claims of these patents would not have been obvious under 35 U.S.C. section 103 and finding that the other asserted claims are anticipated under 35 U.S.C. section 102(g) is affirmed in part, reversed in part, and vacated in part, where: 1) the district court's determination that twenty-six of the asserted claims are invalid under section 102(g) is correct; and 2) the district court improperly held that defendant's Prototype could not be considered prior art under section 103 and erred in finding that the Curved Blade claims and Dual claims would not have been obvious.

Appellate Information

• Decided 12/04/2014
• Published 12/04/2014

Judges

• Prost

Court

• United States Federal Circuit

Counsel