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Johnson & Johnson gets partial win in patent appeal against Covidien

By Andrew Chung

NEW YORK, Aug 7 (Reuters) - Johnson & Johnson subsidiary Ethicon Endo-Surgery Inc will get a second chance to hold rival surgical instrument maker Covidien Plc liable for allegedly infringing two patents on a specialized ultrasonic device that cuts and seals blood vessels.

The U.S. Court of Appeals for the Federal Circuit on Friday said a lower court should not have canceled one of the patents on Ethicon's surgical shears, and incorrectly ruled that Covidien did not infringe the other. The appeals court, however, upheld a ruling that Covidien did not copy the design of Ethicon's device.

(Reporting by Andrew Chung; Editing by Meredith Mazzilli)