Article: U.S. Federal Circuit "Operates" to Cure Narrow Claim Construction.

Reversing a district court summary judgment, the U.S. Court of Appeals for the Federal Circuit has determined that a patent directed to robotic surgical systems that have a telecommunications link to permit a surgeon to operate from a "remote location" includes locations in the operating room. Brookhill-Wilk 1, LLC v. Intuitive Surgical, Inc., Case No. 02-1145 (Fed. Cir. April 11, 2003).

In its claim construction, the district court adopted Intuitive's proposed construction. The court determined that a "remote location" was "a location outside the operating room where the patient undergoing surgery is located" and granted summary judgment in favor of Intuitive. ...

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