New Briefing Deadline Set In PTO Rules Case

    By Kevin E. Noonan --

Judge James C. Cacheris of the U.S. District Court for the Eastern District of Virginia today extended until December 27th the deadline for the parties to file summary judgment motions regarding the merits of plaintiffs' complaint seeking a permanent injunction against implementation of the misguided "new rules" relating to continuation and claims limitation practices.  The deadline for amicus filings (for the amici who have already had their motions for leave to file an amicus brief granted) was also extended until the 27th.  No reason was given for the extension, which the court issued sua sponte, although it may be due to the on-going dispute over discovery in the case.

To date, motions for leave to file an amicus brief have been filed by the following entities, where the filing date and any limitation in the scope of the motion is indicated in parentheses: Pharmaceutical Research and Manufacturers of America (October 26); the Biotechnology Industry Organization (October 29): Elan Pharmceuticals, Inc. (October 29 and December 6); Monsanto Co. (November 26); Intellectual Property Institute of William Mitchell College of Law (November 27); and the American Intellectual Property Lawyers Association (relating to the retroactive application of the new rules to pending applications; December 11).  Additional parties wishing to file amicus briefs should contact SMoore@KellyDrye.com, JDesmarais@Kirkland.com, and Lauren.Wetzler@usdoj.com and ask consent to file the brief and seek extension of time to December 27, and then file a motion for leave to file as amicus and for extension of time with the Court.

At least a first decision is expected some time in the spring in this case.

For additional information on this topic, please see:

• "Court Sets Summary Judgment Schedule in New Rules Case," December 3, 2007
• "No Discovery in New Rules Case," November 27, 2007
• "Tafas v. Dudas; SmithKline Beecham Corp. v. Dudas (E.D. Va. 2007)," October 31, 2007
• "USPTO Late to Its Own Party," October 31, 2007
• "GSK Secures Injunction," October 31, 2007 (includes links to Court's Order and Opinion)
• "Senator Schumer Sends a Signal," October 30, 2007
• "GSK TRO/Preliminary Injunction Hearing," October 29, 2007
• "AIPLA Supports GSK's Lawsuit Against the Patent Office's New Rules," October 25, 2007
• "GSK Brings Out the Big Guns Opposing the New Continuation and Claims Rules," October 24, 2007
• "Hooray! - (Finally) the Big Dogs Have Joined the Hunt," October 11, 2007
• "Rules Challenger Amends Complaint and Withdraws PI Motion," September 11, 2007
• "Inventor Sues PTO to Prevent New Continuation and Claims Rules from Taking Effect," August 30, 2007