USPTO defends rules in appeal brief
28 July 2008
Eileen McDermott, New York
The USPTO has filed its opening brief with the US Court of Appeals for the Federal Circuit in its appeal of the consolidated suits filed by Triantafyllos Tafas and GlaxoSmithKline permanently enjoining the Office from promulgating its final rules package on claims and continuations
In April, Judge James Cacheris of the US District Court for the Eastern District of Virginia granted GSK's and inventor Triantafyllos Tafas's motion for summary judgment.
Cacheris said in his opinion that the proposed rules were substantive, rather than procedural, and that the Office therefore did not have the authority to implement them.
In May, the Office officially filed a Notice...
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