ABBOTT LABORATORIES v. CORDIS CORP.

No. 2012-1244.

710 F.3d 1318 (2013)

ABBOTT LABORATORIES, Movant-Appellee, v. CORDIS CORPORATION, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

March 20, 2013.


Attorney(s) appearing for the Case

Michael A. Morin , Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for movant-appellee. With him on the brief was Andrew J. Vance. Of counsel on the brief were Jeffrey A. Lamken and Robert K. Kry , Molo Lamken LLP, of Washington, DC. Of counsel was Corinne Lee Miller , Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC.

Joseph Lucci , Woodcock Washburn LLP, of Philadelphia, PA, argued for the respondent-appellant. With him on the brief was John F. Murphy. Of counsel on the brief was John F. Duffy , Fried, Frank, Harris, Shriver & Jacobson LLP, of Washington, DC. Of counsel was Eugene N. Hansen .

Samantha L. Chaifetz , Attorney, Civil Division, United States Department of Justice, of Washington, DC, for Amicus Curiae. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Scott R. McIntosh and Mark R. Freeman , Attorneys. Of counsel on the brief were Bernard J. Knight, Jr. , General Counsel, Raymond T. Chen , Solicitor and Deputy General Counsel, Thomas W. Krause and Farheena Y. Rasheed , Associate Solicitors, United States Patent and Trademark Office, of Alexandria, VA.

Before RADER, Chief Judge, DYK, and REYNA, Circuit Judges.


DYK, Circuit Judge.

Cordis Corporation appeals from the decision of the United States District Court for the Eastern District of Virginia granting Abbott Laboratories' motion to quash two subpoenas duces tecum issued pursuant to 35 U.S.C. § 24. We conclude that section 24 only empowers a district court to issue a subpoena for use in a "contested case," and that contested cases are limited to those in which the...

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