Thursday, February 5, 2009

Stay Pending Inter Partes Reexam Denied

Stay pending inter partes reexamination was denied because (i) defendant's "product [the [the "XIENCE V stent"] directly competes with [plaintiff's] product [the the CYPHER drug-eluting stent] and has caused a significant decline in [plainiff's] market share, (ii) "a stay will not necessarily simplify the issues because the reexamination may not cancel all of the 70 asserted claims," and (iii) "both parties have already completed substantial discovery and could presumably begin a trial [within a year]."

Cordis Corp. v. Abbott Laboratories, 3-07-cv-02477 (NJD February 3, 2009, Order)

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