Motions for summary judgment filed in lawsuit challenging claim and continuation rules 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 […] Continue Reading →
Summary judgment deadline now December 27 in lawsuit challenging new rules; one more amicus joins in The deadline for summary judgment motions in the lawsuit challenging the new claim and continutation rules has apparenlty been extended from December 20 to December 27. While no modified scheduling order has yet appeared on PACER, in the court's order yesterday granting leave for the various amici who sought to file briefs at the summary […] Continue Reading →
Summary judgment motions due December 20 in lawsuit challenging new claim and continuation rules It's been awhile since our last update on the lawsuit challenging the USPTO's new claim and continuation limit rules. Here's a brief rundown of what's happened since the court granted Glaxo's motion for preliminary injunction, temporarily preventing implementation of the rules: Tafas noticed the depositions of Jon Dudas (USPTO director), John Doll (commissioner for patents), […] Continue Reading →
New IDS rules approved by Office of Management and Budget Yesterday the Office of Management and Budget (OMB) approved without change the USPTO's new rules regarding information disclosure statements. The rules had been challenged at the OMB in an effort to prevent their implementation, but that challenge was apparently unsuccessful. The text of the final rules is not yet available, but the abstract and previous […] Continue Reading →
USPTO releases 2007 annual report, Patent Reform Act to be considered in January? The USPTO has released its 2007 Performance and Accountability Report. Here are a few highlights: Average time for first office action (patent): 25.3 months Average total application pendency (patent): 31.9 months Percent of patent applications filed electronically: 49.3% Average time for first office action (trademark): 2.9 months Average total application pendency (trademark): 15.1 months Percent […] Continue Reading →
USPTO posts comments to proposed rule changes regarding BPAI appeals and Markush claims The USPTO has posted the comments received regarding the proposed rule changes regarding appeals at the BPAI, as well as those received regarding the proposed rules regarding claims with "alternative claim language," namely Markush groups. At first glance, the comments appear to be overwhelmingly negative. Of course, that likely won't stop them from being implemented, […] Continue Reading →
Analysis of order enjoining claim and continuation limit rules: almost 100% in Glaxo’s favor All in all, the order granting Glaxo's motion for a preliminary injunction barring enforcement of the USPTO's new claim and continuation limit rules is about everything Glaxo (and patent prosecutors) could have hoped for. The court found that each of the four factors considered when deciding whether to grant an injunction favored Glaxo, although the […] Continue Reading →
Claim and continuation limit rules preliminarily enjoined According to reports, enforcement of the USPTO's new claim and continuation limit rules has been enjoined. Judge James C. Cacheris issued the ruling from the bench after the hearing today on GlaxoSmithKline's motion for preliminary injunction. We'll have more as it develops, including any orders or decisions issued by the court. Update: More detail regarding […] Continue Reading →
Opinion enjoining continuation and claim limit rules released The court's opinion enjoining the USPTO's new continuation and claim limit rules has been released. We'll have more once we've had a chance to analyze the court's reasoning. Update: click here for our post with more detailed analysis. Opinion granting preliminary injunction The AIPLA, who joined the case as an amicus supporting Glaxo, provides this […] Continue Reading →
The Witching Hour approaches: hearing on Glaxo’s preliminary injunction motion today at 10 Eastern Today at 10:00 AM Eastern time, Judge James C. Cacheris in the Eastern District of Virginia will hear GlaxoSmithKline's motion for preliminary injunction to prevent enforcement of the USPTO's new claim and continuation limit rules. No word on how long the hearing will last, but we'll post as soon as we hear of a ruling. […] Continue Reading →