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Nov 05, 2007
 |  BioCentury  |  Regulation

PTO snagged in court

PTO snagged in court

PTO snagged in court
GlaxoSmithKline plc (LSE:GSK; GSK, London, U.K.) last week won the first round in its suit seeking to permanently enjoin the U.S. Patent & Trademark Office from a new final rule that would limit the number of continuing applications, requests for continued examination (RCE) and claims allowed for patent applications. The rule was published in August and had been scheduled to take effect Nov. 1. IP specialists had warned the rule would prevent biopharma companies from protecting all the aspects of their inventions, and risk having subsequent improvements eclipsed by prior art (see BioCentury, Aug. 27).
Judge James Cacheris of the U.S. District Court for the Eastern District of Virginia granted GSK's motion for a temporary restraining order and preliminary injunction based on four factors: the company is more likely to win the case than is the PTO; GSK is likely to suffer irreparable harm if the rule is implemented; GSK would suffer more hardships if the rule takes immediate effect than the PTO would suffer if implementation is delayed; and the public interest will be better served by maintaining the status quo.
GSK argued that the rule could drastically lower the value of pending and future patent applications by depriving the company...

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