Welcome to our blog.  Here you will find resources for inventors and practitioners.  We may also add a touch of whimsy from time to time.

February 6, 2018

In Smith & Nephew, Inc. v. Hologic, the Federal Circuit looked at U.S. Patent No. 7,226,459.  Smith & Nephew owns the ’459 patent, entitled “Reciprocating Rotary Arthroscopic Surgical Instrument.”  The opinion includes an interesting discussion on the construction of claim 1 of the '459 patent. 

Claim 1 recites:

A surgical instrument, comprising:

a cutting member including an implement for cutting tissue; and

a drive coupled to the cutting member to simultaneously rotate, translate, and reciprocate the cutting member in response to...

December 7, 2017

My newest article was published at The Doctor Weighs In.  You can read it here.  I previously wrote several articles on "Open Innovation.” The present article chronicles some notable achievements by physician inventors, and notes the trend in the rising number of physicians jumping into medical device innovation.

It is simply another example of how the Open Innovation paradigm has manifested itself in the medical device context.  Physicians are on the front lines and typically are the first to recognize the existence of a problem. They now...

October 14, 2017

In Jang v. Boston Sci. Corp., 2017 U.S. App. LEXIS 18825, the Federal Circuit revisited a decade-old controversy.  The case is a good opportunity to see the mechanics behind the ensnarement doctrine and a hypothetical claim analysis. 

The Fed. Circuit reviewed claim 1 of U.S. Patent No. 5,922,021, which recites:

1. A stent in a non-expanded state, comprising:

a first expansion strut pair including a first expansion strut positioned adjacent [*4]  to a second expansion strut and a joining strut of the first expansion strut pair th...

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