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USPTO files opposition to Glaxo’s motion for preliminary injunction against new rules

Apparently the government's lawyers had a long weekend, because on Sunday, the USPTO filed its opposition to Glaxo's motion for preliminary injunction against the new claim and continuation limit rules. Included with the opposition were a whopping 34 attachments making up 7 exhibits. The USPTO makes the expected arguments. First, it argues that it is […]

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AIPLA seeks leave to file amicus brief supporting Glaxo in its challenge to the new USPTO rules

Today the American Intellectual Property Law Association filed a motion for leave to file an brief as amicus curiae in support of Glaxo's motion for preliminary injunction to enjoin implementation of the USPTO's new claim and continuation limit rules. The proposed brief is specifically directed toward the irreparable harm that would result if the rules […]

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Coalition against the Patent Reform Act of 2007 gets bigger: 430 join in Senate opposition letter

In May, it was a coalition of over 100 companies and organizations sending a letter to House and Senate leadership of both parties expressing opposition to the Patent Reform Act of 2007 (H.R. 1908 & S. 1145). By June, the group grew to over 200 companies and organizations, and they wrote another letter to the […]

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Senate Judiciary committee to hold hearings about federally-funded university research and patents

On Wednesday at 1:30 eastern time, the Senate Judiciary Committee will hold hearings entitled "The Role of Federally-Funded University Research in the Patent System." Those testifying will be: Arti K. Rai, professor, Duke University School of Law (testimony) Elizabeth Hoffman, Executive Vice President and Provost, Iowa State University (testimony) Robert Weissman, Director, Essential Action (testimony) […]

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USPTO moves to strike former USPTO director’s declaration supporting Glaxo’s PI motion

On Friday, the USPTO filed a motion to strike the declaration of Harry F. Manbeck, Jr. in support of Glaxo's motion for a preliminary injunction barring implementation of the USPTO's new claim and continuation limit rules, claiming it constitutes improper expert testimony and impermissibly augments the administrative record in the case. Why is this interesting? […]

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

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 […]

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Proposed IDS rules challenged before Office of Management and Budget

Apparently the USPTO's recent forays into rulemaking are not winning friends and influencing people. The rules limiting claims and continuation applications are currently being challenged in court, and now a group of companies is challenging the proposed IDS rules before the Office of Management and Budget (OMB). The rules were submitted to the OMB back […]

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Glaxo files motion for preliminary injunction and TRO to stop new rules, hearing on October 26?

On Monday, Glaxo filed a motion for preliminary injunction and temporary restraining order in its lawsuit seeking to prevent implementation of the new USPTO rules regarding claim and continuation limits. The court has set a hearing for October 26, which the USPTO has requested by extended to October 31 in order to give it the […]

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USPTO gives applicants a bit of a break during transition to new continuation and claim limit rules

In an announcement yesterday, the USPTO clarified some aspects of the new continuation and claim limit rules. Of particular note are the following: For applications filed before November 1, 2007, applicants need not identify all applications and patents having a common inventor, common assignee, and a priority date within two months. Applicants will still have […]

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Another lawsuit filed to stop implementation of new USPTO rules, this time by a heavy hitter

Pharmaceutical giant GlaxoSmithKline filed a lawsuit in the Eastern District of Virginia seeking to stop implementation of the new continuation and claim limit rules. The lawsuit, filed Tuesday, seeks a preliminary and permanent injunction against the rules' implementation. The complaint has eight counts: The Rules are ultra vires because the USPTO does not have the […]

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