The USPTO, and the two plaintiffs in the case – GlaxoSmithKline and Triantafyllos Tafas – have all filed motions for summary judgment. But the judge said on Friday that he would take the arguments under advisement and make a decision at a later date.

According to reports from the Eastern District of Virginia courthouse, the USPTO last week put forward more persuasive arguments than it did at the preliminary injunction hearing in October, when Judge Cacheris granted the plaintiffs’ request for a preliminary injunction against the USPTO’s proposed rules on claims and continuations.

The controversial rules had been set to go into effect on November 1 2007.

But Steven Moore of Kelley Drye & Warren, who is representing Tafas, told Managing IP that “things went very well for the plaintiffs”. He said that the judge paid particular attention to the issue of whether or not the USPTO has substantive rulemaking authority under 35 USC (b) (2) of the US patent laws.

“While we are trying to be circumspect before the ultimate decision issues, as I have maintained since the day Dr Tafas started this case, I firmly believe the rules will be struck down as being promulgated outside of the power granted to the USPTO by Congress,” said Moore.

A USPTO spokesperson said that they would not comment until the judge has announced his decision.

John Desmarais of Kirkland & Ellis, who represents GSK in the case, said that he believed a ruling would be delivered within two to four weeks.