Cordis Sues USPTO For Blocking Stent Re-Exam Subpoenas

Law360, New York (January 26, 2012, 7:15 PM EST) -- Johnson & Johnson unit Cordis Corp. sued the U.S. Patent and Trademark Office on Thursday, alleging the agency violated the law by refusing to let Cordis subpoena Boston Scientific Corp. and Abbott Laboratories as part of a re-examination of two Cordis stent patents.

According to the suit, filed in federal court in Virginia, the Patent Act authorizes the use of subpoenas seeking testimony "in any contested case in the Patent and Trademark Office." Cordis claims that re-examinations are clearly contested cases under the law.

Therefore, the...
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