GSK Seeks Preliminary Stay of USPTO Rules Implementation

According to Gene Quinn, writing for PLI, GlaxoSmithKline filed a federal complaint against the U.S. Patent and Trademark Office on October 9, 2007 seeking, among other things, to preliminarily and permanently enjoin implementation of the new claims and continuation rules that are currently set to go into effect on November 1, 2007. According to the fifty-two page, eight-count complaint signed by Sherry Knowles, Global Head of Corporate Intellectual Property for SmithKline Beecham,

3. Plaintiff GSK respectfully requests that the Court preliminarily and permanently enjoin the PTO from implementing the Final Rules on November 1, 2007 or thereafter as the Final Rules were promulgated without proper legal authority. The Final Rules are also vague, arbitrary and capricious, and prevent GSK from fully prosecuting patent applications and obtaining patents on one or more of its inventions.