Subpoenas OK In Patent Re-Exams, Cordis Tells Fed. Circ.

Law360, New York (May 08, 2012, 6:27 PM ET) -- Johnson & Johnson's Cordis Corp. unit told the Federal Circuit on Monday that subpoenas should be allowed in inter partes patent re-examinations and that a lower court wrongly quashed subpoenas Cordis served on Abbott Laboratories.

The dispute hinges on the question of whether inter partes re-examinations are "contested cases" because patent law allows subpoenas to be issued in contested cases before the U.S. Patent and Trademark Office.

In the instant case over the re-examination of two Cordis stent patents, both U.S. District Judge Claude M. Hilton...
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