By Steven R. Ludwig, Ph.D.
IP Today Columnist Steven Ludwig is a U.S. patent attorney with the law firm of Venable LLP in Washington, D.C. Dr. Ludwig’s legal practice includes litigating and prosecuting pharmaceutical / biotech cases for his clients. He can be reached at 202-344-4690 or via email at firstname.lastname@example.org.
It certainly was nice to hear patent attorneys cheer again. The news that the U.S. Patent and Trademark Office (PTO) was enjoined from implementing its new continuation / claims rules was received by most with surprise, a sense of relief, and a lot of happiness.
I know I couldn’t stop smiling about Judge Cacheris’s decision1 to grant GlaxoSmithKline’s (“GSK”) request for a preliminary injunction against the PTO. Halloween, October 31st, 2007, will certainly be remember fondly by the patent bar. Hopefully, this is the beginning of the end for those against a strong patent system.
As a bit of background for readers new to the patent field, the “Final Rules” published on August 21, 2007 by the PTO were to have gone into effect on November 1, 2007. See, Changes to Practice for Continued Examination Filings, Patent Applications Containing Patentably...