Reply briefs filed in claim and continuation rules case; administration opposes patent reform

February 04, 2008
Post by Blog Staff

Late Friday, the parties filed their reply briefs in the cases challenging the USPTO's claim and continuation rules. As with the parties' opposition filings, these briefs largely represent another repetition of the arguments raised in the parties motions for summary judgment. The motions have now been fully briefed, and the hearing on the parties' motions is scheduled for Friday, February 8 at 10:00 EST.

In addition to news on this front, the Bush administration has sent a letter to Senator Leahy regarding the Patent Reform Act of 2007 (S. 1145). While the administration supports several sections of the bill in principle, the administration does not support the bill as currently drafted, largely because of the damages apportionment portion (which has also been the most controversial). Based on this position, it seems unlikely that the Patent Reform Act of 2007 will become law in its current form, as it would be unlikely there would be sufficient votes for a veto override. As a result, look for the damages apportionment provision in the bill to be either substantially changed or scrapped during negotiations on a compromise version of the bill. Update (2/5): The final version of the Senate Judiciary Committee's report on S. 1145 can be found here. Notably, this version includes "other" and minority views of committee members, and that section in particular is worth a look. HT: Patently-O via Patent Prospector.

Click below for links to the summary judgment filings in the lawsuits challenging the USPTO's claim and continuation rules, including the newly-filed reply briefs.

Parties' motions for summary judgment

Filings relating to amici

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.