In the matter of Triantafyllos Tafas v. Jon W. Dudas, et al. consolidated with Smithkline Beecham Corporation, et al. v. Jon W. Dudas, et al. (1:07cv1008), the district court held that it was willing to grant GSK’s Motion for a Preliminary Injunction to enjoin enactment of the USPTO’s new rules, “Changes to Practice for Continued […]

In a counter to the Coalition for Patent Fairness, Pat Choate, Ph.D. has published an analysis of the Patent Reform Act of 2007 for the Manufacturing Policy Project.  Entitled, The Patent Reform Act of 2007: Responding to Legitimate Needs or Special Interests?  The “Patent Fairness” Issue, Choate responds to the assertions put forth in favor […]

Showing that Patent Reform has become as polarizing as major politics these days, supporters for each camp sent their respective support letters to the Senate. Supporters of patent reform and the Coalition for Patent Fairness sent a letter signed by a total of 128 companies and associations from across the U.S. in support of the […]

Judge Cacheris of the Eastern District of Virginia has granted a preliminary injunction prohibiting the USPTO from moving forward with its proposed changes to the patent rules on continuations and claims.  Download the injunction order here: GSK Preliminary Injunction Order (pdf) The rules, labeled “Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably […]

Time is running short for actions to stop implementation of the USPTO’s “Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications,” 72 Fed. Reg. 161 at p. 46716 (Aug. 21, 2007). Motions are scheduled to be argued on October 31 in the U.S. District […]

In another round of challenges to the proposed rules by the U.S. Patent & Trademark Office, one group looks to challenge the rule change regarding the draft final regulation “Changes to Information Disclosure Statement Requirements and Other Related Matters.” This is part of the USPTO Master Plan in the published final rules regarding limiting claims […]

Another lawsuit has been filed in federal court against the United States Patent and Trademark Office (PTO) looking to block implementation of the new claims and continuation rules that are to go into effect on November 1, 2007 (Final Rules; 72 Federal Register 161 at 46716). This time, the plaintiff is pharmaceutical giant SmithKline Beecham […]

The United States Patent and Trademark Office (USPTO) published Examination Guidelines to help examiners make decisions regarding the obviousness (or lack thereof) of claimed inventions in light of the Supreme Court’s recent decision in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Teleflex v. KSR In Teleflex Inc. v. KSR Int’l Co., the […]