Judge Invalidates New USPTO Rules

Law360, New York (April 1, 2008, 12:00 AM EDT) -- A federal judge has struck down a set of controversial rules issued by the U.S. Patent and Trademark Office, finding that the agency does not possess the proper authority to make them.

Judge James C. Cacheris of the U.S. District Court for the Eastern District of Virginia voided the agency's rules Tuesday, handing a victory to plaintiffs Dr. Triantafyllos Tafas, an inventor, and pharmaceutical giant GlaxoSmithKline.

The USPTO had argued that the changes it proposed, which primarily consisted of limitations on the number of claims and...
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