15 different amendments proposed to Senate version of Patent Reform Act of 2007 The Patent Reform Act of 2007 (S.1145) keeps plodding along in the Senate. Just over a month after the Senate Judiciary Committee released its report on the bill, there have now been 15 amendments circulated for possible consideration when the full Senate takes up the bill, with the potential for more to come before the […] Continue Reading →
USPTO proposes rules requiring deposit of biological material before publication of application In today's Federal Register, the USPTO proposes rules that will alter when a deposit of biological material is required to be made when such a deposit is used to satisfy the requirements of 35 U.S.C. § 112. Specifically, the proposed rule will require that a deposit, if necessary, be made before the application is published. […] Continue Reading →
Hearing on summary judgment motions in claim and continuation rules case this morning This morning at 10:00 EST, Judge James C. Cacheris in the Eastern District of Virginia will hold a hearing on the parties' motions for summary judgment in the consolidated cases challenging the USPTO's claim and continuation rules. When ruling on the preliminary injunction, Judge Cacheris granted the injunction in a ruling from the bench at […] Continue Reading →
Motions for summary judgment in claim and continuation rules case taken under advisement We've just received word that the hearing on the motions for summary judgment in the consolidated cases challenging the USPTO's claim and continuation rules has concluded, and the motions have been taken under advisement. So, no ruling from the bench today, and no hint as to when a ruling might be expected. Continue Reading →
Summary of today’s summary judgment hearing in the claim and continuation rule cases As we reported earlier, Judge Cacheris took the parties' motions for summary judgment under advisement in the consolidated cases challenging the USPTO's claim and continuation rules. Below is a summary of the hearing from our representative who was in attendance. Tafas and GSK butted heads with the USPTO again today in front of a packed […] Continue Reading →
Reply briefs filed in claim and continuation rules case; administration opposes patent reform Late Friday, the parties filed their reply briefs in the cases challenging the USPTO's claim and continuation rules. As with the parties' opposition filings, these briefs largely represent another repetition of the arguments raised in the parties motions for summary judgment. The motions have now been fully briefed, and the hearing on the parties' motions […] Continue Reading →
Patent Reform Act of 2007 scheduled for consideration this month The Patent Reform Act of 2007 (S. 1145) is now officially back on the radar. It was recently placed on the Senate's calendar, and is likely to be considered by the full Senate sometime this month. This has resulted in a corresponding increase in the lobbying efforts by those on both sides of the debate. […] Continue Reading →
Oppositions to motions for summary judgment filed in cases challenging claim and continuation rules Yesterday, the USPTO, Glaxo, and Dr. Tafas filed their oppositions to the motions for summary judgment in the consolidated cases challenging the USPTO's claim and continuation rules. At first glance, they make many of the same arguments raised in the parties' motions for summary judgment. Interestingly, however, the USPTO has also moved to strike portions […] Continue Reading →
Patent Reform Act of 2007 to be passed in 2008? The internet is abuzz with talk that the much-maligned Patent Reform Act of 2007 (H.R. 1908 & S. 1145) may be passed in some form this month. A draft version of the Senate Judiciary Committee's report on the bill was released earlier this week, and while it does not contain any revised provisions, it does […] Continue Reading →
Amici piling up in lawsuit challenging new claim and continuation rules Although the parties' motions for summary judgment have been filed, the amici keep coming forward in the consolidated lawsuits challenging the new claim and continuation rules. This brings the total number of amici in this case over 30, filing 19 20 (as of 1/4) total briefs. While the vast majority of amici filings support the […] Continue Reading →