Chore-Time Equipment, Inc. v. Big Dutchman, Inc.

OPINION ON MOTION FOR RECONSIDERATION

FOX, District Judge.

This is a motion for reconsideration of defendant’s motion for production of documents under Rule 34 of the Federal Rules of Civil Procedure.

It is the contention of the defendant that the documents are necessary to determine whether the plaintiff failed through error as required by 35 U.S.C. § 251, to obtain the new reissue claims in its original patent. Error, or as the courts refer to it, inadvertence, accident or mistake, must have occurred in order for the reissue patent to be valid.

In a prior decision in this case, this court ruled…