USPTO moves to strike former USPTO director’s declaration supporting Glaxo’s PI motionOctober 22, 2007

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? Mr. Manbeck was the director of the USPTO from 1990-1992, and, in his declaration, asserts that the claim and continuation limit rules are outside the USPTO's rulemaking authority. In the USPTO's brief in support of its motion to strike, however, they never refer to Mr. Manbeck's experience as director of the USPTO, instead describing his relevant qualifications as being "a lawyer, who has experience in patent and trademark law, and is familiar with the Patent Act and the USPTO's Final Rules." Perhaps Commissioner Dudas and USPTO management aren't taking kindly to a past director arguing that they are acting outside their authority.

The motion to strike will be heard at the same time as Glaxo's motion for preliminary injunction on October 31.

Relevant links:

• Manbeck declaration
• Motion to strike Manbeck declaration
• Brief in support of motion to strike
• Notice of hearing