Ethicon, Inc. v. United States Surgical Corp.
District Court, D. Connecticut
1Opinion of the Court
RULING AND ORDER ON DEFENDANTS’ MOTION TO DISMISS
CHATIGNY, District Judge.
Defendant United States Surgical Corporation (USSC) and intervenor-defendant Young Jae Choi have moved to dismiss the complaint of plaintiffs Ethicon, Inc. and Inbae Yoon, M.D., which charges USSC with infringing U.S. Patent No. 4,535,773 (the ’773 Patent). The motion is based on the court’s order granting USSC’s motion to correct the ’773 patent to add Choi as a coinventor, Choi having previously granted USSC an exclusive license, retroactive to the date the ’773 patent was issued to Yoon, to make and sell the…
2Cases cited9 opinions
- Advanced Cardiovascular Systems, Inc., Plaintiff/cross-Complaint v. Scimed Life Systems, Inc., and Robert L. Hess, Cross-Complainant/appellantCourt of Appeals for the Federal Circuit · 1993
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Dr. David D. Stark v. Advanced Magnetics, Inc., and Jerome Goldstein, Ernest v. Groman and Lee JosephsonCourt of Appeals for the Federal Circuit · 1994
- Merchant v. LevyCourt of Appeals for the Second Circuit · 1996
- Schering Corporation v. Roussel-Uclaf Sa, Involuntary v. Zeneca Inc. And Zeneca Holdings Inc.Court of Appeals for the Federal Circuit · 1997
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3Cited by4 opinions
- Ethicon, Inc. And Inbae Yoon, M.D. v. United States Surgical Corporation and Young Jae ChoiCourt of Appeals for the Federal Circuit · 1998
- In Re Diomed Inc.United States Bankruptcy Court, D. Massachusetts · 2008
- Sunbeam Products, Inc. v. Wing Shing Products (BVI) Ltd. (In Re AI Realty Marketing of New York, Inc.)United States Bankruptcy Court, S.D. New York · 2003
- Ethicon, Inc. And Inbae Yoon, M.D. v. United States Surgical Corporation and Young Jae ChoiCourt of Appeals for the Federal Circuit · 1998