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November 27, 2007



Very interesting perspective on the discovery denial, including the possibility that the PTO has "no documents" to provide, thus creating a prima facie APA violation. I suspect that GSK/Tafas were prepared for this eventuality and have an argument ready to go forward with. Could be that the PTO wins this minor battle but potentially loses the war by asserting this deliberative process privilege. Cacheris can't ignore that if the PTO fought so hard against this motion that there must be something in the PTO's files that they don't want to share (although that could come out in the FOIA request). And you're right about the Grinch stealing Christmas from the PTO lawyers that will have to prepare their response during the holidays (and will get no sympathy from Cacheris).

I'm starting to wonder if the new rules aren't just a continuation (no pun intended) of the corruption we began seeing (that continues to manifest itself through the reexams) in the NTP v. RIM case... and that this may all be about politics and political money at its core (BlackberryGate) with Pharma/Bio just being caught in the cross-fire as an innocent bystander:


Wouldn't it be a strange twist if no one in upper management at the USPTO actually gives a hoot about the backlog.

Hopefully this just means Cacheris has really already decided so there is no need to drag it out...we can hope.

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