PTO Court Battle Could End Soon
A high-profile case involving a dispute over Patent and Trademark Office rules announced last fall aimed at increasing patent system efficiency could soon come to a close. The Justice Department on Friday filed a motion with the court handling the case to stay proceedings for the purpose of permitting the new Patent and Trademark Office director to reconsider implementation of the rules, which limit applicants to filing two new continuing applications and one request for continued examination. The change was challenged by drug manufacturer GlaxoSmithKline and an independent inventor, Triantafyllos Tafas.
Since all parties consented to the motion, it is expected to be granted, Foley & Lardner intellectual property attorney Hal Wegner said in a memo. Even if the case is not settled, oral arguments before the U.S. Court of Appeals for the Federal Circuit are scheduled for Oct. 7, prior to which the new PTO chief could take other actions. IBM executive David Kappos, President Obama's pick to head the PTO, will appear before the Senate Judiciary Committee on Wednesday then has to be confirmed by the panel and the full Senate. It is uncertain whether the confirmation process could be complete before Congress is scheduled to leave town for August recess next Friday.
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