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Glaxo files reply brief in support of preliminary injunction, more amici join the fray

October 30, 2007
Post by Blog Staff

Today Glaxo filed its reply brief in support of its motion for preliminary injunction to stop implementation of the new continuation and claim limit rules. The brief pays particular attention to the public interest and balance of harms factors in the preliminary injunction analysis, and then responds to the USPTO's arguments regarding likelihood of success on the merits. Interestingly, Exhibit A to the reply is a letter from Senator Charles Schumer to Director Dudas asking him to voluntarily delay implementation of the new rules while the challenge is resolved.

The brief also mentions the various amici who have stepped up to support Glaxo in its challenge. That list has now grown to include the Biotechnology Industry Organization (BIO) and Elan Pharmaceuticals, who both today sought leave to participate in the case as amici. The USPTO also responded to the AIPLA's amicus brief today.

Update: Also joining as amici are the Pharmaceutical Research and Manufacturers of America (PhRMA), and three "smaller, early-stage innovator companies," HEXAS, the Roskamp Institute, and Tikvah Therapeutics. Tafas has also filed his opposition to the USPTO's partial motion to dismiss.

With the hearing coming up tomorrow at 10:00 Eastern, this flurry of activity is not unexpected. It is good to see more organizations stepping up to the plate in support of the motion for preliminary injunction. We'll be monitoring the case tomorrow both via PACER and PLI's coverage, and report as soon we hear a decision.

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