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« OMB Receives Second Letter Criticizing Proposed IDS Rule | Main | More on Second Letter to OMB Criticizing the IDS Rule »

October 24, 2007


Thank you for posting the PDF of Manbeck's declaration. I personally was disappointed in Manbeck not relating how a Commissioner of the USPTO is sworn in (I assume they are, aren't they?) to uphold "the law" and what that means with regard to "facilitating" the processing of patents and how the new reg's do just the opposite.

I'm not a litigator, and I know this *is* litigation, but if the PTO was really acting in good faith in implementing these rules and acting in the public interest, would they really move to strike a declaration like this? Wouldn't they instead explain clearly to the court why the rules were correct, well-founded, etc., rather than resorting to the tactics and technicalities of litigation to win their case? It just appears to me to be further evidence that the PTO is not acting in the public interest, and instead is intent on carrying out its own perplexing agenda no matter what the cost.

Just as a heads up, the court ORDERED that all references to Mr. Manbeck's declaration be removed from GSK's exhibits.

Dear Just:

That's not up on PACER yet, but if true it does not bode well for GSK. Did the Court give any basis for its ruling?

Thanks for the comment.

If that is in fact the ruling it may only be a partial preclusion to prevent Manbeck from providing impermissible expert opinion as to the proper interpretation of the patent statutes, which is the exclusive province of the court -- Evidence 101. Will be interesting to see and hope all eggs are not in this one basket.

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