The USPTO’s Patent Trial and Appeal Board (PTAB) has agreed to review the validity of Intuitive Surgical’s (ISRG +1.4%) U.S. Patent No. 8,801,601 covering its surgical navigation guidance system.
Johnson & Johnson (JNJ +0.5%) unit Auris Health filed a petition in June seeking to have the patent invalidated saying that it covers well-known ideas.
Intuitive counters that the patent covers ways to limit the risk of perforation or tissue damage from an endoscope. It sued Auris in August 2018 for infringement.
The PTAB declined Auris’ petition to review a second patent.
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