23 March 2009

Patent community stunned by CAFC ruling (full version)

Eileen McDermott, New York

In a decision said to be “creating a shockwave through the patent community”, the US Court of Appeals for the Federal Circuit has reversed a lower court’s finding that the USPTO does not have the authority to promulgate its final rules package on patent claims and continuations

In April 2008, a district court granted GlaxoSmithKline’s and inventor Triantafyllos Tafas’ motion for summary judgment in its case seeking to enjoin the Office’s patent claims and continuing applications rules package. Judge James Cacheris of the US District Court for the Eastern District of Virginia said in his opinion that the proposed rules were substantive, rather than procedural, and that the Office did not have the authority to implement them.

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Patent community stunned by CAFC ruling (full version)

The rest of this article is available to subscribers to Managing IP only.

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