By Kevin E. Noonan --
The U.S. Patent and Trademark Office filed a Notice of Appeal
today with the Court of Appeals for the Federal Circuit, challenging the
decision of Judge William Cacheris of the Eastern District of Virginia permanently enjoining the continuation and claims
rules as being outside the scope of their statutory authority. The Federal Circuit is expected to notice a
briefing schedule, and invite amicus briefing, once it receives the record from
the District Court.
It is unlikely that the matter will be finally resolved
for several months, and quite possibly not until the change of
administration. Additionally, Judge
Cacheris made his decision on only one of several grounds raised by the
plaintiffs, Dr. Tafas and GlaxoSmithKline, making it likely that the Federal Circuit
will remand the case to the District Court for further proceedings. It is
unlikely that the injunction barring implementation of the rules will be lifted
before the District Court has ruled on these alternative grounds for relief.
For information regarding this topic, please see:
• "BIO Responds to Events of the Day," April 1, 2008
• "No April Fool's Joke -- Tafas and GSK Win on Summary Judgment," April 1, 2008
• "PLI's John White Discusses Tafas/GSK v. Dudas," February 11, 2008
• "Judge Cacheris Takes GSK Case under Advisement," February 8, 2008
• "GSK Summary Judgment Hearing Set for Friday Morning," February 7, 2008
• "New Briefing Deadline Set In PTO Rules Case," December 18, 2007
• "Court Sets Summary Judgment Schedule in New Rules Case," December 3, 2007
• "No Discovery in New Rules Case," November 27, 2007
• "Tafas v. Dudas; SmithKline Beecham Corp. v. Dudas (E.D. Va. 2007)," October 31, 2007
• "USPTO Late to Its Own Party," October 31, 2007
• "GSK Secures Injunction," October 31, 2007 (includes links to Court's Order and Opinion)
• "Senator Schumer Sends a Signal," October 30, 2007
• "GSK TRO/Preliminary Injunction Hearing," October 29, 2007
• "AIPLA Supports GSK's Lawsuit Against the Patent Office's New Rules," October 25, 2007
• "GSK Brings Out the Big Guns Opposing the New Continuation and Claims Rules," October 24, 2007
• "Hooray! - (Finally) the Big Dogs Have Joined the Hunt," October 11, 2007
• "Rules Challenger Amends Complaint and Withdraws PI Motion," September 11, 2007
• "Inventor Sues PTO to Prevent New Continuation and Claims Rules from Taking Effect," August 30, 2007
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