No April Fools joke: Continuation and claim limit rules held invalid; permanently enjoinedApril 1, 2008

In a ruling today regarding the parties' motions for summary judgment in the consolidated cases challenging the USPTO's new claim and continutation rules, Judge Cacheris ruled the rules were invalid, and permanently enjoined their enforcement. We'll have more once we've had a chance to review the opinion.

Click below for the relevant documents.

• Order granting Tafas and GSK motions for summary judgment and denying the USPTO's motion for summary judgment
• Opinion granting Tafas and GSK motions for summary judgment and denying the USPTO's motion for summary judgment

Parties' motions for summary judgment

• USPTO
  • Motion for summary judgment against Tafas
  • Motion for summary judgment against GSK
  • Brief in support of both motions
  • USPTO opposition to GSK's motion for summary judgment, Exhibit 1
  • USPTO opposition to Tafas' motion for summary judgment, Exhibit 1 (part 1, 2, 3)
  • USPTO motion to strike, brief in support
  • USPTO reply brief, Exhibits 1, 2
• Tafas
  • Motion for summary judgment
  • Brief in support
  • Tafas opposition to USPTO's motion for summary judgment
  • Tafas reply brief, Exhibits 1, 2, 3, 4, 5, 6
• GSK
  • Motion for summary judgment
  • Brief in support
  • GSK opposition to USPTO's motion for summary judgment, Exhibit 27
  • GSK reply brief [link fixed]

Filings relating to amici

• Supporting plaintiffs
  • American Intellectual Property Law Association (brief)
  • Biotechnology Greenhouse Corporation of Southeastern Pennsylvania, Life Sciences Greenhouse of Central Pennsylvania, and Pittsburgh Life Sciences Greenhouse (motion for leave, brief)
  • Biotechnology Industry Organization (brief)
  • Cantor Fitzgerald Patent Holdings, LLC (motion for leave)
  • CropLife America (motion for leave, brief)
  • Patent, Trademark, and Copyright Section of the Bar Association of the District of Columbia (motion for leave, brief)
  • Elan Pharmaceuticals (brief)
  • Fédération Internationale Des Conseils En Propriété Industrielle (motion for leave, brief)
  • Human Genome Sciences (motion for leave, brief)
  • Intellectual Property Owners Association (motion for leave, brief)
  • Dr. Ron D. Katznelson (motion for leave, brief)
  • Monsanto (brief)
  • PhRMA (brief)
  • Polestar Capital Associates, LLC and The Norseman Group LLC (brief)
  • Teles AG (motion for leave, brief)
  • Valspar Corporation, General Mills, Inc., Donaldson Company, Inc., Ecolab Inc., and Anchor Wall Systems, Inc. (motion for leave, brief)
  • Washington Legal Foundation (motion for leave, ← Return to Filewrapper