I. Melbourne Greenberg, M.D. v. Ethicon Endo-Surgery, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
BRYSON, Circuit Judge.
This appeal arises from a patent dispute involving surgical instruments. The district court granted the motion of appellee Ethicon Endo-Surgery, Inc. (Ethicon) for summary judgment against appellant Greenberg, the patentee. Concluding that the district court erred in construing the claim at issue in this ease, we vacate and remand for further proceedings.
I
The instruments at issue in this case are used in surgical procedures in which it is undesirable or impossible to make large openings in the patient’s body. In such procedures, the surgeon makes a small incision,…
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