US Blasts Cordis' Re-Exam Discovery Bid At Fed. Circ.

Law360, New York (October 3, 2012, 4:35 PM EDT) -- The U.S. government told the Federal Circuit on Tuesday that the law is clear that discovery is not allowed in inter partes re-examination and urged the court to reject an argument by Johnson & Johnson's Cordis Corp. that it should be permitted to subpoena rival Abbott Laboratories in a re-examination of stent patents.

Patent law allows for discovery in "contested cases," and Cordis argues that re-examinations are just such cases. However, in an amicus brief supporting Abbott filed by attorneys from the U.S. Department of Justice and the...
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