Glaxo's preliminary injunction motion to be heard October 31, consolidated with earlier challenge

Posted At : October 18, 2007 9:27 AM | Posted By : Blog Staff
Related Categories: News,Legislation,USPTO

In orders yesterday in GlaxoSmithKline's effort to stop implementation of the new continuation and claim limit rules, the USPTO's request to continue the preliminary injunction hearing until October 31 was granted in order to give the Office more time to respond to the motion. Also, Glaxo's case was consolidated with an earlier case filed challenging the validity of the rules, and reassigned to the judge assigned to that case, Judge James C. Cacheris.

Interstingly, like Judge Hilton (to whom the case was originally assigned), Judge Cacheris is also a Reagan appointee who has taken senior status. Judge Cacheris also served as the District's Chief Judge from 1991-1997, and Judge Hilton was his successor in that capacity, serving as Chief Judge from 1997-2004.

Relevant links:

John White and Gene Quinn at the PLI Patent Law blog have issued a "call to arms" to the patent law community to either join the lawsuit or file an amicus brief in support of Glaxo. They also have posted a submission that suggests that the rules, as promulgated, actually may allow more than a single RCE in an application family, depending on how they are interpreted.

Update (10/24): The PLI Patent Law blog will have John White in attendance and will be providing updates during the hearing.

Comments (1) |

Print |

Send |

del.icio.us |

Digg It! |

Linking Blogs | 856 Views

Related Blog Entries

USPTO files notice of appeal in claim and continuation rules case (May 7, 2008)
No April Fools joke: Continuation and claim limit rules held invalid; permanently enjoined (April 1, 2008)
Summary of today's summary judgment hearing in the claim and continuation rule cases (February 8, 2008)
Motions for summary judgment in claim and continuation rules case taken under advisement (February 8, 2008)
Hearing on summary judgment motions in claim and continuation rules case this morning (February 8, 2008)
Reply briefs filed in claim and continuation rules case; administration opposes patent reform (February 4, 2008)
Oppositions to motions for summary judgment filed in cases challenging claim and continuation rules (January 23, 2008)
Amici piling up in lawsuit challenging new claim and continuation rules (December 31, 2007)
Motions for summary judgment filed in lawsuit challenging claim and continuation rules (December 21, 2007)
Summary judgment deadline now December 27 in lawsuit challenging new rules; one more amicus joins in (December 19, 2007)
Summary judgment motions due December 20 in lawsuit challenging new claim and continuation rules (December 15, 2007)
Analysis of order enjoining claim and continuation limit rules: almost 100% in Glaxo's favor (November 1, 2007)
Opinion enjoining continuation and claim limit rules released (October 31, 2007)
Claim and continuation limit rules preliminarily enjoined (October 31, 2007)
The Witching Hour approaches: hearing on Glaxo's preliminary injunction motion today at 10 Eastern (October 31, 2007)
Glaxo files reply brief in support of preliminary injunction, more amici join the fray (October 30, 2007)
USPTO files opposition to Glaxo's motion for preliminary injunction against new rules (October 29, 2007)
AIPLA seeks leave to file amicus brief supporting Glaxo in its challenge to the new USPTO rules (October 25, 2007)
USPTO moves to strike former USPTO director's declaration supporting Glaxo's PI motion (October 22, 2007)
Proposed IDS rules challenged before Office of Management and Budget (October 18, 2007)
Glaxo files motion for preliminary injunction and TRO to stop new rules, hearing on October 26? (October 17, 2007)
No more first office actions for applications with 25+ claims? (October 16, 2007)
Another lawsuit filed to stop implementation of new USPTO rules, this time by a heavy hitter (October 11, 2007)
USPTO gives applicants a bit of a break during transition to new continuation and claim limit rules (October 11, 2007)
First lawsuit to stop implementation of continuation and claim limit rules filed (August 23, 2007)

Comments (Comment Moderation is enabled. Your comment will not appear until approved.)

[Add Comment]

Just an FYI - the PTO is well aware of the "loophole" in the RCE language. They have communicated to at least one major client of the PTO that any attempt to utilize this loophole will be frowned upon. Further, the PTO is actively and energetically seeking changes to the rule that will close the loophole as it was the intent to limit a family of applications to single RCE.

# Posted By Jason | 10/18/07 10:55 AM

[Add Comment]

Sun	Mon	Tue	Wed	Thu	Fri	Sat
				1	2	3
4	5	6	7	8	9	10
11	12	13	14	15	16	17
18	19	20	21	22	23	24
25	26	27	28	29	30	31