Cordis Loses Challenge Over USPTO Evidence Rules

Law360, San Diego (September 20, 2011, 5:30 PM EDT) -- A Virginia federal judge on Friday dismissed Cordis Corp.’s case alleging that two U.S. Patent and Trademark Office rules promulgated in 2004 blocked it from obtaining key evidence for re-examination proceedings involving its stent patents, holding that the suit was filed too late.

U.S. District Judge Gerald Bruce Lee granted the USPTO’s dismissal bid and intervenor-defendant Abbott Laboratories’ summary judgment bid, determining that New Jersey-based Cordis' suit was time-barred because the drugmaker challenged the facial validity of the regulations after the expiration of the six-year statute...
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