Hearing on Stay of USPTO Rules Set for October 31 before Judge Caheris in Alexandria
Thanks to the MVS Filewrapper blog for letting us know that Glaxo's lawsuit challenging the USPTO's new rules on claims and continuations has been consolidated with an earlier case filed challenging the validity of the rules, and reassigned to the "Rocket Docket" of Judge James C. Cacheris in Alexandria, Virginia, along with
- Glaxo's opposition to the USPTO's motion for continuance
- Order granting the USPTO's motion
- Order consolidating cases
- USPTO Brief in support of Motion to strike declaration of former USPTO Commissioner Harry F. Manbeck, Jr. in support of Glaxo's motion for a preliminary injunction, also docketed for October 31.
The Practising Law Institute's John White will be attending the hearing and providing "near real time updates throughout the day" to PLI's Patent Practice Center blog, which notes that AIPLA, IBM, and ScanDisk have stepped in to support Glaxo.
"Whatever happens, it seems to me that the relationship between the USPTO and practitioners is profoundly unhealthy at the moment," adds Intellectual Asset Magazine editor Joff Wild in his IAM Blog. "That cannot be good for anyone who is interested in the future of the US patent system."
1 Comments:
The fact that Glaxo motion for preliminary injunction is being heard on October 31st should not discourage others from filing their own actions or supporting the existing actions. If the preliminary injunction motion is denied, Dr. Tafas has negotiated an expedited summary judgment schedule that will result in the entire case being submitted for a final decision on the merits on December 21, 2007. Since the Glaxo case is consolidated into the Tafas case, presumably the Tafas summary judgment schedule will apply to Glaxo as well and provide at least some hedge against a bad ruling or delayed ruling on Glaxo's preliminary injunction motion. Thus, for those who stand to benefit from these rules being defeated, there is still time to take action!
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