United States Federal Circuit

District court properly granted defendant's motion to quash two subpoenas duces tecum, where: 1) 35 U.S.C. section 24 only empowers a district court to issue a subpoena for use in a "contested case;" 2) contested cases are limited to those in which the regulations of the United States Patent and Trademark Office (PTO) authorize the parties to take depositions; 3) since the PTO does not provide for depositions in inter partes reexamination proceedings, such proceedings are not "contested cases" within the meaning of section 24, and thus, subpoenas under section 24 are not available; and 4) excluding compulsory production of testimony in inter partes reexamination proceedings does not raise a serious constitutional problem.

Appellate Information

• Decided 03/20/2013
• Published 03/20/2013

Judges

• DYK

Court

• United States Federal Circuit

Counsel