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The U.S. Court of Appeals for the Federal Circuit recently affirmed a grant of summary judgment in favor of Erbe Elektromedizin GmbH and Erbe USA (Erbe), a worldwide leader in the field of electrosurgical products, represented by Marshall, Gerstein & Borun LLP.

The dispute involved Erbe's argon plasma coagulation (APC) probes, which are used to control bleeding during endoscopic medical procedures, such as colonoscopies. Jerome Canady, M.D. and Argon Electro-Surgical Corporation (Canady) brought suit against Erbe, asserting that the Erbe APC probes infringe Canady's patent, which describes and claims a tissue coagulation device including a "handle" used to maneuver the probe during endosopic procedures. The Federal Circuit upheld the lower court’s decision, which had held that there was no infringement, on the basis of "overwhelmingly persuasive" evidence that the Erbe APC probes do not include the claimed handle.

"Erbe is pleased to have a final resolution of this case, which vindicates Erbe's consistent position that its products do not infringe, and overcomes Canady's attempts to prevent Erbe from continuing to manufacture and sell its innovative medical products," said Erbe's lead counsel Michael Weiner, a partner with Marshall, Gerstein & Borun.

Timothy R. DeWitt of DeWitt Roggin PLC represented Canady.