Federal Circuit: Ethicon Endo-Surgery Inc. v. Covidien LP

Patent, Due Process

Absent claims of extrajudicial influence, no Due Process harm in the initial and final review being performed by the same panel.

Statute does not bar.

Review correctly identified innovation as obvious, as infringing prior art that incorporated the innovation was primarily marketed under other aspects.

Dissent: As statute assigns one level of adjudication to the Director and one to the Board, there must be separate panels.

[Again, we don't know many things, but we especially don't know Patent Law.  Just trying for comprehensive access to slips.]

http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-1771.Opinion.1-8-2016.1.PDF