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.

Post Categories

Comments (0)
Post a Comment

Captcha Image
Return to the Filewrapper Blog

Search Posts


The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.


McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

Connect with MVS

Enter your name and email address to recieve the latest news and updates from us and our attorneys.

Subscribe to: MVS Newsletter

Subscribe to: Filewrapper® Blog Updates

  I have read and agree to the terms and conditions of McKee, Voorhees & Sease, P.L.C.