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Intuitive (被告)
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Brookhill (原告/控訴人)
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原告、被告それぞれが主張した “remote
location”の解釈
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a “remote” location is at least as far
as to be outside of the operating room and connotes long distances,
well beyond the arm’s length separation asserted by Brookhill
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a surgeon located at any distance
beyond arm’s length is at an “interval greater than usual,
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辞書におけるRemoteの定義
Webster’s Third New International
Disctionary 1921 (Merriam-Webster 1993)
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Defined “remote” as “separated by
intervals greater than usual; … far removed; not near; far distant.”
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原告、被告が採用した辞書の定義
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“far apart . . . far
removed; not near; far; distant.”
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“separated by
intervals greater than usual.”
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Intuitiveの製品
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Intuitive’s system is located in the
same operating room as the patient.
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地裁の判断
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The district court interpreted the
limitation “remote location” as meaning a location outside the operating
room where the patient undergoing surgery is located.”
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CAFCの判決
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The court construed the term “remote
location” to encompass not just locations that are far apart or distant, but
also those locations that are merely separated by intervals greater than
usual. The location
need not be outside the operating room.
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