Discovery Barred In Patent Re-Exams, Fed. Circ. Rules
Law360, New York (March 20, 2013, 8:42 PM EDT) -- The Federal Circuit ruled Wednesday that discovery is not allowed in inter partes patent re-examinations, rejecting a bid by Johnson & Johnson's Cordis Corp. unit to subpoena rival Abbott Laboratories as part of a re-examination.
The Patent Act states that district courts can issue subpoenas for use in "any contested case" at the U.S. Patent and Trademark Office, but the Federal Circuit concluded that re-examinations are not "contested."
The legislative history of the Patent Act makes clear that contested cases include only those in which USPTO regulations authorize the parties to take depositions, the court ruled. Since depositions are not allowed...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!
Kirkland & Ellis LLP has redefined what it means to be the biggest of BigLaw — weighing in at 2,116 attorneys by year end 2018 and becoming the first firm since Law360 began tracking law firm head counts to top 2,000 U.S.-based attorneys.