Monday, July 06, 2009

Fed. Circuit Grants En Banc Review in Tafas v. Doll

The Federal Circuit has granted Tafas & GSK’s petition for a rehearing en banc, which opens the door on the PTO having the ability to restrict the number of continuation applications and claims used in an application. Appellant’s briefs should come due around August 6, and the opposing briefs around August 26.

According to the order, "[t]his appeal will be heard en banc on the basis of the briefs already on file and additional briefs discussing the issues addressed in the panel opinions." Additionally, "briefs of amici curiae will be entertained in accordance with Federal Rules."

- Read the CAFC's order here (link)

- See Wall Street Journal: "US Appeals Court To Reconsider Challenge To New Patent Rules " (link)

- BLT: "Federal Circuit to rehear Tafas Case" (link)

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