Anticipate This!™ | Patent and Trademark Law Blog

USPTO Enjoined From Making Rules Effective.

Posted in Litigation Commentary by Jake Ward on October 31, 2007

Per the distinguished gentlemen at the PLI Blog (link), GSK has succeeded in its injunction hearing at District Court (E.D. Virginia) this morning.  A preliminary injunction has been issued to block the new claims and continuations rules from taking effect tomorrow, November 1st, as orginally scheduled.  A decision on the merits of GSK’s case will be made in the coming months.

According to John White, “there was an audible sigh in the courtroom when Judge Cacheris said the rules were enjoined.” It is safe to say that many more audible sighs will be heard today in patent law offices nation-wide.

JW Update, 5:42 PM:  The Preliminary Injunction order was just released.  May be found at the AT! here.  Many thanks to Gene Quinn and John White at the PLI Blog for staying on top of this matter and keeping the IP blogosphere updated throughout the day!

3 Responses

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  1. patent examiner #66666 said, on October 31, 2007 at 3:32 pm

    and they had to do it on the last minute?
    if GSK wanted to flex its muscle, then what kept it for so long?
    what disgusting game this whole has become !

  2. Jake Ward said, on October 31, 2007 at 3:53 pm

    Interestingly, GSK did provide comments on the proposed rules during the USPTO’s comment period. See http://www.uspto.gov/web/offices/pac/dapp/opla/comments/fpp_continuation/glaxosmithkline.pdf .

    So, it’s not exactly as though GSK expressed their concerns about the rules last minute. Appears to me that GSK took all reasonable steps in the months leading up to publication of the new rules, and when that failed, pursued the present legal option as a last resort.

  3. anonymous said, on November 1, 2007 at 7:34 am

    No one wanted to “flex its muscle”. Don’t you think we have better things to do with our time and money than to fight illegally promulgated rules? Be thankful that there is still a citizenry in the U.S.A. which is willing to fight for the good of the country. (P.S. when the rule of law is ignored or disdained, that’s bad for the country, regardless of whether ignorance and disdaining comes from a government agency.)

    But we will fight, rest assured.


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