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PERFECT SURGICAL TECHNIQUES v. OLYMPUS AMERICA

2015-2043.

841 F.3d 1004 (2016)

PERFECT SURGICAL TECHNIQUES, INC., Appellant v. OLYMPUS AMERICA, INC., Olympus Medical Systems Corporation, Appellees.

United States Court of Appeals, Federal Circuit.

Decided: November 15, 2016.

Attorney(s) appearing for the Case

ROBERT E. FREITAS, Freitas Angell & Weinberg LLP, Redwood City, CA, argued for appellant. Also represented by DANIEL J. WEINBERG, JOSHUA YOUNG.

DEBORAH E. FISHMAN, Kaye Scholer LLP, Palo Alto, CA, argued for appellees. Also represented by KATIE JEANNINE LEWIS SCOTT, MARISA ARMANINO WILLIAMS.

Opinion concurring in part and dissenting in part filed by Circuit Judge SCHALL.

Perfect Surgical Techniques, Inc. ("PST") appeals from a decision of the Patent Trial and Appeal Board ("Board") invalidating claims 1, 4-6, 8, 9, 11, 12, 38, 41-44, 46, 47, and 49 of U.S. Patent No. 6,030,384 ("'384 patent"). For the reasons set forth below, we vacate and remand.

BACKGROUND

This appeal arises...

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