PTO Files Notice of Appeal in Rules Case @ OPEN SOURCE MAGAZINE

PTO Files Notice of Appeal in Rules Case

Will Ask the Appeals Court to Overturn that District Court Summary Judgment Last Month in Favor of GlaxoSmithKline

May. 20, 2008 03:30 PM

Just making the window as it was closing – which is supposed to suggest that it was only taking the step after much soul-searching – the US Patent and Trademark Office filed a Notice of Appeal with the Court of Appeals for the Federal Circuit.

If it goes ahead it will ask the appeals court to overturn that district court summary judgment last month in favor of GlaxoSmithKline telling the agency it couldn’t implement its controversial new rules.

The PTO wants to severely limit claims and continuations.

The district court said the PTO didn’t have the authority to change the rules, equating it with changing the terms of the Patent Act.

Published May. 20, 2008 — Reads 1,968
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About Maureen O'Gara
Maureen O'Gara is the Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025.

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