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 →
Dramatic change in UK trademark policy; Australia eliminates obligation to disclose search reports There have been two interesting changes in foreign IP practice over the past month. Effective October 1, 2007, the UK Trade Marks Office changed its policy such that it will no longer raise objections to applications based on prior existing applications/registrations. Instead, it will be the policy to write to owners of earlier potentially conflicting […] Continue Reading →
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) […] Continue Reading →
New revision of MPEP now available The USPTO today released the newest revision of the Manual of Patent Examining Procedure (MPEP). The new version is the Eighth Edition, Revision 6. Changes from the previous revision can be found here. No mention of KSR in this revision. The first mention of KSR regarding obviousness is not expected until the Ninth Edition, likely […] Continue Reading →
The clear target of the new continuation and claim limit rules: Thomas Edison This was received over email today. While we have not verified the information, it shows that the new rules arguably do not "Promote the Progress of Science and Useful Arts." THANK GOODNESS FOR COMMISSIONER DUDAS AND HIS NEW RULESBefore the new rules, one New Jersey inventor amassed 394 patents with more than 5 independent claims, […] Continue Reading →