CAFC ruling stuns patent community
01 April 2009
Managing Intellectual Property
The Federal Circuit last month reversed a lower court ruling that said the USPTO did not have authority to promulgate rules on claims and continuations
Eileen McDermott, New York
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...
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