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 →
First wave of amicus briefs filed in Quanta v. LG, argument set for January 16 Earlier this month, amicus briefs either supporting the Petitioner or neither party were filed with the Supreme Court in connection with Quanta Computer, Inc. v. LG Electronics, Inc (No. 06-937). Our previous coverage of the case can be found in these three posts. The Court also set oral argument for January 16, 2008. Some discussion […] 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 →
Glaxo files reply brief in support of preliminary injunction, more amici join the fray Today Glaxo filed its reply brief in support of its motion for preliminary injunction to stop implementation of the new continuation and claim limit rules. The brief pays particular attention to the public interest and balance of harms factors in the preliminary injunction analysis, and then responds to the USPTO's arguments regarding likelihood of success […] Continue Reading →
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 […] Continue Reading →
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 […] Continue Reading →
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 […] Continue Reading →