A Virginia federal judged granted Finnegan client Abbott Laboratories’ summary judgment bid on September 16, 2011, determining that New Jersey-based Cordis' suit to obtaining evidence for reexamination proceedings involving its stent patents, was time-barred because the drug maker challenged the validity of USPTO regulations after the expiration of the six-year statute of limitations. Abbott, an intervenor in the case, argued that the suit was an effort by Cordis to delay the reexaminations in hopes of obtaining a favorable judgment in parallel litigation in New Jersey that would render the USPTO proceedings moot, and that examiners have provisionally or finally rejected every patent claim Cordis has accused Abbott of infringing.
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