Patent Re-Exam Discovery Barred, Abbott Tells Fed. Circ.

Law360, New York (August 20, 2012, 7:18 PM EDT) -- Abbott Laboratories urged the Federal Circuit on Friday to reject an argument by Johnson & Johnson's Cordis Corp. unit that discovery should be allowed in inter partes patent re-examinations, arguing that there is no legal support for Cordis' position.

In an appeal brief filed in May, Cordis argued that a lower court wrongly quashed subpoenas that Cordis served on Abbott, and that inter partes re-examinations are "contested cases" before the U.S. Patent and Trademark Office, for which discovery is allowed under the Patent Act.

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