USPTO makes its case in continuations appeal (full version)
08 December 2008
Eileen McDermott, New York
The US Court of Appeals for the Federal Circuit on Friday heard the USPTO’s appeal against a district court’s decision to grant a permanent injunction against the Office’s patent claims and continuing applications rules package
On April 1, Judge James Cacheris of the US District Court for the Eastern District of Virginia granted GlaxoSmithKline’s and inventor Triantafyllos Tafas’ motion for summary judgment, in one of the most controversial and closely-watched cases of 2008.
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 of Appeal with the CAFC.
According to those in attendance, the parties “stuck to their arguments”. For the USPTO, that meant claiming three main points: first, that the revised rules are within the scope of the Office's statutory rulemaking authority; second, that the revised rules do not conflict with the Patent Act; and third, that the Office need not provide public notice and comment for rules that are not subject to notice and comment...
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