USPTO to appeal claims and continuations case
08 May 2008
Eileen McDermott, New York
In the latest round of GlaxoSmithKline’s and inventor Triantafyllos Tafas’s battle to stop the USPTO from introducing new rules on patent claims and continuations, the USPTO yesterday said it planned to appeal a court decision that gave victory to its opponents last month
The Office officially filed a Notice of Appeal with the Court of Appeals for the Federal Circuit.
In a decision last month, Judge James Cacheris of the District Court for the Eastern District of Virginia granted GSK’s and Tafas’ motion for summary judgment against the USPTO, holding that the proposed rules were substantive, rather than procedural, as the USPTO had argued, and that the Office therefore did not have the authority to promulgate them.
The USPTO’s latest move came on the last day of the window for filing an appeal, suggesting that the decision was made...
Only subscribers have complete access to Managing IP Magazine,
log in or
subscribe now.
Alternatively take a
free trial, giving you 48-hour access to Managing IP Magazine (some articles and surveys may be excluded).
Subscribe Now
This article is available to subscribers. Please click subscribe to read the rest of the article.
Subscribe
Take a free trial
Please take a free 48-hour trial to gain limited access. Some articles and surveys may be excluded.
Take a free trial