United States Surgical Corp. Ethicon Plaintiff brought suit against Surgical Defendant claiming patent infringement.
District Court for the District of Kansas - 5 F. United States District Court, D.
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Opinion Amending Judgment June 19, Surgical brings this action claiming that Orris, Inc. Immaterial facts and facts not properly supported by the record are omitted. Surgical manufactures medical surgical instruments and markets the instruments to hospitals. The corporation has expended substantial time, effort, and money to develop and promote customer recognition of its trademarks and exercises stringent quality control methods to assure that its customers receive a superior quality product.
Surgical enters into contracts with its customers for the sale of its disposable instruments. It also enters into contracts with distributors who in turn sell its disposable instruments.
The customers submit individual orders by telephone, fax, mail, or electronic data interchange for the purchase of products. The orders are received in Connecticut and entered into U. Within twenty-four hours of shipment of each individual order, U.
Surgical sends the customer an invoice which includes Standard Terms and Conditions of Sale, including specific modifications of terms as negotiated between U.
Surgical and the customer. The invoice states that the contract shall be governed by and construed under the laws of the State of Connecticut. Each product shipment also includes a shipping document.
The packaging for U. In the past, Orris marketed its service by indicating that the reprocessed instruments have "restored original quality" and are "as good as new. Orris also meets with surgeons at the hospitals to inform them of its service. Orris then arranges to collect the instruments that a hospital wishes to have reprocessed.
No change in ownership of the instruments takes place between Orris and the hospitals. The Food and Drug Administration requires the "single use only" or similar language on the labels of instruments that U.
Surgical designates as disposable. The same or similar "single use only" language is also used on U. The only significant difference between U. Beginning in NovemberU.
Surgical began asserting that reprocessing, repackaging and reuse of its disposable instruments constituted a violation of its patent and trademark rights. Surgical offers the survey evidence of Jacob Jacoby, Ph. Jacoby conducted a survey to determine if surgeons could differentiate between new instruments and reprocessed instruments.
Although Orris returns the reprocessed instruments in properly marked packaging, surgeons generally do not see the packaging.Get the latest science news and technology news, read tech reviews and more at ABC News.
Ethicon (Plaintiff) brought suit against Surgical (Defendant) claiming patent infringement. Defendant argued by claiming a co-inventor of the invention had provided them with a license to use the patent.
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