Legal Opinion
Ethicon, Inc. v. Donald J. Quigg, Commissioner of Patents & Trademarks and the United States Patent & Trademark Office
Court of Appeals for the Federal Circuit
Decided June 15, 1988No. Appeal 88-1202PublishedCited by 287 opinions
1Opinion of the Court
OPINION
MAYER, Circuit Judge.
Ethicon, Inc. appeals from a grant of summary judgment by the United States District Court for the Eastern District of Virginia, 5 USPQ2d 1138 (1987), holding that the Commissioner of Patents and Trademarks has the authority to stay a patent reexamination proceeding pending the outcome of a case in another district court involving allegations that the same patent is invalid. We reverse.
Background
U.S. Patent No. 3,499,591 (’591), covering a particular construction for a surgical stapler, was issued to David T. Green in 1970, and he assigned it to the United States…
2Cases cited28 opinions
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- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
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3Cited by287 opinions
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