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Glaxo's preliminary injunction motion to be heard October 31, consolidated with earlier challenge
October 18, 2007

In orders yesterday in GlaxoSmithKline's effort to stop implementation of the new continuation and claim limit rules, the USPTO's request to continue the preliminary injunction hearing until October 31 was granted in order to give the Office more time to respond to the motion. Also, Glaxo's case was consolidated with an earlier case filed challenging the validity of the rules, and reassigned to the judge assigned to that case, Judge James C. Cacheris.

Interstingly, like Judge Hilton (to whom the case was originally assigned), Judge Cacheris is also a Reagan appointee who has taken senior status. Judge Cacheris also served as the District's Chief Judge from 1991-1997, and Judge Hilton was his successor in that capacity, serving as Chief Judge from 1997-2004.

Relevant links:

John White and Gene Quinn at the PLI Patent Law blog have issued a "call to arms" to the patent law community to either join the lawsuit or file an amicus brief in support of Glaxo. They also have posted a submission that suggests that the rules, as promulgated, actually may allow more than a single RCE in an application family, depending on how they are interpreted.

Update (10/24): The PLI Patent Law blog will have John White in attendance and will be providing updates during the hearing.

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