Thursday, June 04, 2009

Tafas, GSK File Petitions For En Banc at the CAFC

I'm on travel this week, and have had very little time to post, so apologies in advance for the brevity . . .

Tafas, GSK filed petitions for en banc rehearing. From the Tafas brief, the questions presented :

1. Does the standard "foreclose effective opportunity to present patent applications for examination" or "effectively foreclose[] [applicants] from obtaining patent rights to which they are entitled" comport with United States Supreme Court and Federal Circuit precedent classifying "substantive" rules as those which cause a change in existing law or policy affecting individual rights and obligations?

2. Are Final Rules 75, 114, and 265 impermissibly inconsistent with law
so as to exceed the scope of the United States Patent and Trademark Office's
limited rule making authority under Section 2(b)(2) of the Patent Act?

From the GSK brief, the questions presented:

I. Whether the Panel maJonty erred in rejecting the test fo determining whether a Patent and Trademark Office ("PTO") rule is "substantive," as set forth in the controlling precedent of Chrysler, supra; Animal Legal Defense Fund, supra; and Cooper Technologies, supra.

II. Whether the Panel majority erred in holding that the challenged Final Rules, 72 Fed. Reg. 46,716 (Aug. 21, 2007), fall within th PTO's limited, non-substantive rulemaking authority.

Download a copy of the Tafas brief here (link)

Download a copy of the GSK brief here (link)

1 Comentário:

Anonymous said...

I hope they deny rehearing just so I can lol.

Powered By Blogger


This Blog/Web Site ("Blog") is for educational purposes only and is not legal advice. Use of the Blog does not create any attorney-client relationship between you and Peter Zura or his firm. Persons requiring legal advice should contact a licensed attorney in your state. Any comment posted on the Blog can be read by any Blog visitor; do not post confidential or sensitive information. Any links from another site to the Blog are beyond the control of Peter Zura and does not convey his, or his past or present employer(s) approval, support, endorsement or any relationship to any site or organization.

The 271 Patent Blog © 2008. Template by Dicas Blogger.