PTO Wants Suit On Re-examination Appeals Rules Nixed

Law360, New York (October 22, 2009, 3:49 PM EDT) -- The U.S. Patent and Trademark Office has asked a federal court to toss a lawsuit brought by a German company that claims amendments to PTO rules, which block civil actions as a method of appealing ex parte re-examination decisions, violate federal laws.

In a motion for summary judgment filed Wednesday in the U.S. District Court for the Eastern District of Virginia, U.S. Attorneys argued that because Sigram Schindler Beteiligungsgesellschaft mBH has yet to receive a decision from the USPTO Board of Patent Appeals and Interferences either...
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