Anticipate This!™ | Patent and Trademark Law Blog

Scheduled CAFC Oral Arguments in USPTO v. GSK & Tafas – December 5, 2008.

Posted in General Commentary by Jake Ward on December 4, 2008

The CAFC hears oral arguments tomorrow, December 5th, in relation to the ruling in Tafas v. Dudas; SmithKline Beecham Corp. v. Dudas, which permanently enjoined the USPTO’s claims and continuations rules.  In permanently enjoining the claims and continuations rules, Judge Cacheris held that the USPTO’s rulemaking authority under 35 U.S.C. § 2(b)(2) does not extend to substantive rules, and that the claims and continuations rules are substantive in nature.

Gene Quinn at IPWatchdog has nicely summarized the chronology of events leading to the present appeal here.  Further background on this case from AT! may be found here.

2 Responses

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  1. Jake Ward said, on December 5, 2008 at 3:56 pm

    Gene Quinn attended the arguments today and provides a synopsis of the arguments here: http://www.ipwatchdog.com/2008/12/05/oral-arguments-completed-in-pto-v-gsk-tafas/id=737/ .

  2. Jake Ward said, on December 6, 2008 at 11:09 pm

    The oral arguments are now available in MP3 fromat from the CAFC website here: http://oralarguments.cafc.uscourts.gov/mp3/2008-1352.mp3


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