USPTO Enjoined from Enforcing New Rules

more+
less-

On October 31, 2007, Judge James C. Cacheris of the Eastern District of Virginia enjoined the United States Patent and Trademark Office from implementing the revised Final Patent Rules (“Final Rules”), which were set to take effect today.

The Order issued following a complaint and request for temporary restraining order and preliminary injunction

filed by GlaxoSmithKline (“GSK”) early last month. GSK filed its complaint after the Patent Office released the

Final Rules on August 21, 2007. GSK sought to enjoin implementation of the Final Rules pending the outcome

of its case. The American Intellectual Property Law Association and several corporations, including Elan

Pharmaceuticals and Hexas, LLP, filed amicus briefs supporting GSK’s challenge.[1]

After ordering the injunction directly from the bench, Judge Cacheris issued a 39-page written opinion late

yesterday. Applying the traditional four-factor test for preliminary injunctions, the Court considered (i) the

likelihood of success on the merits; (ii) irreparable injury to GSK; (iii) the balance of hardships; and (iv) the

public interest.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

more+
less-

Morrison & Foerster LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×