Cordis Case May Open Door To Discovery In Patent Re-Exams

Law360, New York (January 8, 2013, 9:26 PM EST) -- The Federal Circuit is set to hear oral arguments Wednesday in a case brought by Johnson & Johnson's Cordis Corp. unit that has the potential to expand the availability of discovery in inter partes patent re-examinations, which attorneys said would help companies test assertions made by opponents in the proceedings.

After Abbott Laboratories requested an inter partes re-examination of two Cordis stent patents, claiming they were obvious, Cordis sought to subpoena documents from Abbott about the obviousness arguments its expert witnesses had made. An inter partes...
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