Fed. Circ. Mulls Discovery Rights In Patent Re-Exams

Law360, Washington (January 9, 2013, 7:10 PM EST) -- A Federal Circuit panel on Wednesday seemed reluctant to categorize inter partes patent re-examinations as contested cases that could include subpoenas and discovery, telling Johnson & Johnson's Cordis Corp. that those rights are usually left to litigation rather than administrative proceedings.

Although Cordis claimed during oral arguments that the term “contested case” could describe adversarial inter partes re-examinations, which would justify their quashed subpoenas of Abbott Laboratories, the appellate panel said Cordis may be in for more than a semantics battle since the U.S. Patent and...
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