Motions for summary judgment filed in lawsuit challenging claim and continuation rules

Posted At : December 21, 2007 3:47 PM | Posted By : Blog Staff
Related Categories: Patents,Legislation,USPTO

Yesterday the parties filed their motions for summary judgment in the cases brought by GlaxoSmithKline (GSK) and Dr. Tafas challenging the USPTO's new claim and continuation limit rules. Apparently the earlier order setting the deadline for amicus briefs did not apply to the parties' motions, as earlier speculated. The deadline for briefs in opposition is January 22.

More amici have also joined in, including the first group supporting the USPTO. Click below for links to the filings. Once we've had a chance to review them, we'll post our thoughts.

Motions for summary judgment

Filings relating to amici

Supporting plaintiffs
- Cantor Fitzgerald Patent Holdings, LLC (motion for leave)
- CropLife America (motion for leave)
- Fédération Internationale Des Conseils En Propriété Industrielle (motion for leave)
- Valspar Corporation, General Mills, Inc., Donaldson Company, Inc., Ecolab Inc., and Anchor Wall Systems, Inc. (motion for leave)
Supporting defendants
- Micron Technology (motion for leave, proposed brief)
- Public Patent Foundation, Computer & Communications Industry Association, AARP, Consumer Federation of America, Essential Action, Foundation for Taxpayer and Consumer Rights, Initiative for Medicines, Access & Knowledge, Knowledge Ecology International, Prescription Access Litigation, Public Knowledge, Research on Innovation, and Software Freedom Law Center (motion for leave, proposed brief)

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No April Fools joke: Continuation and claim limit rules held invalid; permanently enjoined (April 1, 2008)
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Amici piling up in lawsuit challenging new claim and continuation rules (December 31, 2007)
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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)
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Glaxo's preliminary injunction motion to be heard October 31, consolidated with earlier challenge (October 18, 2007)
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Another lawsuit filed to stop implementation of new USPTO rules, this time by a heavy hitter (October 11, 2007)
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Continuation and claims rules to publish "later this summer," will take effect 60 days later (July 25, 2007)
Office of Management and Budget approves USPTO's new continuation rules (July 10, 2007)
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