October 31, 2007

Today will be an interesting day in the world of patent rule changes. In the case we are all watching (consolidated cases of Tafas and SmithKlineBeecham (d/b/a GlaxoSmithKline) vs. Jon Dudas and the USPTO), the not-so-long awaited temporary restraining order/preliminary injunction hearing will occur this morning at 10:00 in the U.S. District Court for the District of Virginia. Will the new patent rules go into effect tomorrow or will the TRO be granted? We’ll have to wait and see.

A number of my fellow bloggers have followed this case step by step and have provided us with some excellent references and commentary. The following is a brief summary of references I have used as I have followed this particular case.

IPWatchdog, a blog run by Gene Quinn of White & Quinn, P.C., has provided us all with a concise list of most, if not all, of the documents filed in the case. Gene has set up a separate blog page for this case (link HERE), including the Complaint, the Motion for Temporary Restraining Order & Preliminary Injunction, the Motion for Continuance by the USPTO, GlaxoSmithKline’s Response, and the Order Granting the Motion for Continuance, among others.

The Patent Docs, a consortium of patent attorneys from McDonnell Boehnen Hulbert & Berghoff LLP holding doctorate degrees in an array of sciences, started following this case soon after the original complaint was filed, and about a week ago provided us with a good summary (link HERE) about the case to date. In the summary, the Patent Docs discussed the declaration filed by Harry Manbeck, Jr., discussing the various types of authority for rule making and a detailed history of continuation practice. Kevin Noonan (one of the Patent Docs) also recognized Gene Quinn (in a post available HERE) in a recent post letting us know that the temporary restraining order/preliminary injunction hearing will occur this morning at 10:00.

Dennis Crouch, the author of my favorite IP blog (Patently-O), has also followed the developments in this case. Last week Dennis wrote a good summary of the AIPLA’s position in the case, noting that the AIPLA filed an Amicus brief in support of GSK’s motion for temporary restraining order and preliminary injunction. Dennis also provided us with copies of declarations from David Kappos (IBM counsel) and Burt Magen (representing SanDisk Corporation) referencing how those two practitioners feel the rule changes will impact their respective clients’ patent portfolios. Dennis also provided us with links to Tafas’s Reply to Defendant’s Memorandum in Oppositon and in Further Support of Entry of Preliminary Injunction and GSK’s Reply Memorandum in Further Support for a Temporary Restraining Order and Preliminary Injunction in a recent post (link HERE).

I’m sure there are a number of other bloggers out there who are following this case, and if you are one of them, kudos to you. Send me a note sometime – I’d love to hear from you.


Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees


Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author

Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

Click HERE to view my full professional bio at Reichel IP LLC.


Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)