Wednesday, June 5, 2013

Extensive Financial Involvement in Reexamination May Implicate Estoppel

The court granted defendant's motion to compel documents concerning plaintiff's involvement in its customer's request for reexamination as to one of defendant's patents-in-suit. "[Plaintiff] urges that [defendant] is not contending that [plaintiff] participated in or controlled the reexamination of the [patent], but rather only indemnified [its customer] for its costs. This argument misses the point, however, because [defendant] is seeking discovery to discern the extent of [plaintiff's] financial involvement in the reexamination, which if extensive could implicate estoppel principles."

Bortex Industry Company Limited v. Fiber Optic Designs, Inc., 2-12-cv-04228 (PAED June 3, 2013, Order) (Goldberg, J.).

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