Summary Judgment Day set for new PTO rules
Posted by: Bruce in New rules, tags: claims, continuation, PTO rulesWilmer Hale reported today that:
Briefs for summary judgment are due on December 20, 2007, as are amicus curiae briefs. Oppositions are due on January 22, 2008, and rebuttals on February 1, 2008. A summary judgment hearing is scheduled for February 8, 2008. On October 31, 2007, Judge James Cacheris granted a preliminary injunction preventing the USPTO from implementing the changes in the Claims and Continuations Final Rule on November 1, 2007, until the case could be heard on its merits. Thus, the new rules will not take effect at least until mid-February 2008, and it remains to be seen if the proposed “continuation rules” will be modified further.
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