Sunday, December 7, 2008

CAFC oral arguments in USPTO vs. GSK and TAFAS

The CAFC in relation to the ruling in Tafas v. Dudas had heard the oral arguments. It was regarding SmithKline Beecham Corp. v. Dudas, which permanently enjoined the USPTO’s claims and continuations rules. In permanently enjoining the claims and continuations rules, Judge Cacheris held that the USPTO’s rulemaking authority under 35 U.S.C. § 2(b)(2) does not extend to substantive rules, and that the claims and continuations rules are substantive in nature. The oral arguments can be heard from this link

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