GlaxoSmithKline & Tafas Win!!! PTO Loses!!!
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Written by Gene Quinn Patent Attorney & IPWatchdog Founder Editor of the IPWatchdog.com Blog Posted: April 1, 2008 @ 2:39 pm Page viewed 1,190 times 
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GlaxoSmithKline & Tafas Win!!! PTO Loses!!!
In the much anticipated decision from the Eastern District of Virginia the claims and continuation rules enjoined on October 31, 2007, were unceremoniously thrown out! Judge Cacheris concluded:
Because the USPTO’s rulemaking authority under 35 U.S.C. § 2(b)(2) does not extend to substantive rules, and because the Final Rules are substantive in nature, the Court finds that the Final Rules are void as “otherwise not in accordance with law” and “in excess of statutory jurisdiction [and] authority.” 5 U.S.C. § 706(2).
The complete decision is available at:
http://ipwatchdog.com/GSK_v_PTO/gsk_uspto_decision.pdf
Related posts (automatically generated):
- Tafas Objects to Vacatur in Claims and Continuations Appeal
- Victory to the Patent Office in Claims & Continuations Appeal
- USPTO v. GSK & Tafas Chronology
- Oral Arguments Completed in PTO v. GSK, Tafas
- Tafas Requests Rehearing of Claims & Continuations Ruling
- USPTO Agrees to Withdraw Claims & Continuations Rules
- JUST IN: Federal Circuit Denies Vacatur in USPTO Rules Case
- Federal Circuit to Rehear Tafas and GSK v. Doll
- Federal Circuit to Hear Patent Office Appeal
- USPTO, Tafas & GSK Request Extension for Reconsideration
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Posted in: IP News, IPWatchdog.com Blog, Patent Fools™, Pharma
