Managing Intellectual Property

Patent community stunned by CAFC ruling

23 March 2009

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...



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