Fed Circ. Refuses To Nix Injunction On USPTO Rules

By Erin Coe

Law360, New York (November 13, 2009, 6:42 PM ET) -- Bringing an end to the drawn-out case over the U.S. Patent and Trademark Office’s now-rescinded set of rules for patent applicants, a federal appeals court has dismissed the agency’s appeal, but it refused to vacate a lower court’s ruling that barred the USPTO from imposing the divisive rules package.

The U.S. Court of Appeals for the Federal Circuit on Friday agreed with the USPTO and GlaxoSmithKline PLC that the appeal was moot and needed to be tossed in light of the agency’s move to rescind the...
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