Covidien’s Motion for Preliminary Injunction Denied

Oct. 5, 2017 – Defendant Covidien LP’s motion for a preliminary injunction barring Plaintiff Ethicon Endo-Surgery, Inc. from marketing and selling the Enseal® X1 Large Jaw device was denied.  The Court found that Covidien had failed to establish irreparable harm.  The patents-at-issue are U.S. Patent Nos. 6,585,735 (“Endoscopic bipolar electrosurgical forceps”); 7,118,587 (“Vessel sealer and divider”); 7,473,253 (“Vessel sealer and divider with non-conductive stop members”); 8,070,748 (“Vessel sealer and divider for large tissue structures”); 8,241,284 (“Vessel sealer and divider with non-conductive stop members”), 8,323,310 (“Vessel sealing jaw with offset sealing surface”); 9,084,608 (“Knife deployment mechanisms for surgical forceps”); 9,113,882 (“Method of manufacturing an electrosurgical instrument”); and 9,241,759 (“Vessel sealer and divider for use with small trocars and cannulas”).  The case is 1-16-cv-12556 at the United States District Court for the District of Massachusetts.

By: Katherine E. Adams

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