News: Intensity Client Ethicon Endo-Surgery Defeats Preliminary Injunction Motion

Intensity client Ethicon Endo-Surgery, a subsidiary of Johnson & Johnson, defeated a motion for preliminary injunction that was filed by Covidien, a subsidiary of Medtronic.

Intensity was engaged by Patterson Belknap Webb & Tyler on behalf of Ethicon to evaluate whether Covidien would be irreparably harmed due to alleged infringement by Ethicon of U.S. Patent No. 8,241,284, and to evaluate public interest and the balance of equities in granting a preliminary injunction against Ethicon’s ENSEAL X1 Large Jaw surgical device. Intensity evaluated economic contributions of the patented technology, the impact of alleged infringement on financial performance, drivers of demand for relevant products, quantification of damages, the impact of the alleged infringement on Covidien, and the impact of an injunction on Ethicon and the public interest.

The Court found that Covidien had not established a connection between the competitive harms it identified and the allegedly infringing features of Ethicon’s X1 device, and denied Covidien’s motion for a preliminary injunction.