Sterne, Kessler, Goldstein & Fox's Motion to Quash Subpoena Granted
- Sterne, Kessler, Goldstein & Fox
On Tuesday, April 16, 2013, Sterne, Kessler, Goldstein & Fox’s motion to quash subpoena was granted in Sterne, Kessler, Goldstein & Fox P.L.L.C. v. Edwards Lifesciences Corporation et al. in the United States District Court for the District of Columbia (D.D.C.).
This matter originated from litigation against Edwards Lifesciences Corporation by Medtronic, Inc. in the U.S. District Court for the Central District of California which centers on two patents held by Medtronic. Sterne Kessler served as patent prosecution counsel on behalf of Medtronic for one of these patents. Edwards served a subpoena on Sterne Kessler, requesting a representative appear to be deposed in the underlying patent litigation; Sterne Kessler brought the motion to quash that subpoena and prevailed via Judge Facciola’s April 16th order.
With this decision, Sterne Kessler has now successfully secured two District of DC opinions quashing deposition subpoenas of prosecution counsel – one for reexamination counsel (Sterne, Kessler, Goldstein & Fox P.L.L.C. v. Eastman Kodak Co.), and this one concerning original prosecution. These are the only two cases in D.D.C. dealing with this issue.