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AIPLA seeks leave to file amicus brief supporting Glaxo in its challenge to the new USPTO rules

October 25, 2007
Post by Blog Staff

Today the American Intellectual Property Law Association filed a motion for leave to file an brief as amicus curiae in support of Glaxo's motion for preliminary injunction to enjoin implementation of the USPTO's new claim and continuation limit rules. The proposed brief is specifically directed toward the irreparable harm that would result if the rules are applied to already-filed applications. For example, one of the declarations filed in support of the brief indicates that for one company, SanDisk (who recently sued 25 companies for patent infringement), the cost of the retroactive application of the rules to its existing filings will be over $450,000. This only represents the amount of lost filing fees and the cost of additional filings because of the abandonment, additional claims, and divisionals that will have to be filed in SanDisk's applications, and does not include attorney fees to prepare all the necessary amendments and other documents.

Another supporting declaration was filed by an attorney representing IBM, and he estimates that IBM will have to file a Rule 78 statement of related applications in approximately 10,000 pending applications, which, along with other requirements, will cost IBM approximately $10 million in legal expenses. The AIPLA suggests that its motion for leave be decided on October 31, the same date as the hearing on Glaxo's motion.

Relevant links:

Hat tip to Gene Quinn at the PLI patent law blog for alerting us to this filing. Also, John White of PLI will be attending the hearing on the 31st and providing updates.


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