USPTO Enjoined From Making Rules Effective.
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!