The Witching Hour approaches: hearing on Glaxo’s preliminary injunction motion today at 10 EasternOctober 31, 2007 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. Given that the rules are scheduled to go into effect tomorrow, a ruling from the bench seems likely, otherwise it would not be meaningful. You can bet that no matter which party wins, there will be an appeal. If the rules are not enjoined, expect an emergency motion with the Federal Circuit to enjoin the rules pending appeal. The PLI Patent Law blog will have John White in attendance and will be providing updates during the hearing. The Wall Street Journal Law Blog provides this report. Click below for links to the relevant filings in the case. Complaint Glaxo's motion for preliminary injunction and temporary restraining order Glaxo's brief in support of its motion Glaxo's proposed order granting its motion USPTO's response seeking additional time USPTO's proposed order granting additional time Glaxo's opposition to the USPTO's motion for continuance Order granting the USPTO's motion Order consolidating cases Motion to strike Manbeck declaration Brief in support of motion to strike Manbeck declaration Notice of hearing Glaxo's response to USPTO's motion to strike Manbeck declaration USPTO's opposition to motion for preliminary injunction Exhibit 1 (Administrative record excerpts): Part 1, 2, 3 Exhibit 2 (final rules) Exhibit 3 (proposed rules) Exhibit 4 (declaration of Andrew Faile, group director in Technology Center 2600), Exhibit A, B (part 1, 2), C, D, E, F, G, H, I, J, K, L, M Exhibit 5 (declaration of John LeGuyader, group director in Technology Center 1600) Exhibit 6 (declaration of Karen Young, group director in Technology Center 3700), Exhibit A (part 1, 2), B (part 1, 2), C, D (part 1, 2), E, F Exhibit 7 (declaration of Robert Breneman, PALM EXPO program manager), Exhibit A (part 1, 2) Glaxo's reply brief Exhibits A, B, C, D, E, F, G, H, I, J, K, L Filings relatig to amici: AIPLA's motion for leave to file amicus curiae brief Brief in support of motion for leave Proposed order granting leave Proposed amicus brief Declaration of Samson Helfgott Declaration of Joseph F. Hetz Declaration of David J. Kappos Declaration of Burt Magen USPTO's response to AIPLA's amicus brief BIO's motion seeking leave to file an amicus brief in support of the Plaintiff's anticipated motions for summary judgment Elan's motion seeking leave to file an amicus brief in support of Glaxo's motion for preliminary injunction Elan's proposed brief ← Return to Filewrapper