On October 31, 2007, Judge James C. Cacheris of the Eastern District of Virginia enjoined the United States Patent and Trademark Office from implementing the revised Final Patent Rules ("Final Rules"), which were set to take effect today.
The Order issued following a complaint and request for temporary restraining order and preliminary injunction filed by GlaxoSmithKline ("GSK") early last month. GSK filed its complaint after the Patent Office released the Final Rules on August 21, 2007. GSK sought to enjoin implementation of the Final Rules pending the outcome of its case.
The GSK case underscores the mixed response received by many of the Patent Office’s most recent reform efforts. Many patent applicants share GSK’s concerns that such reforms inadequately address several key issues including patent portfolio management, innovation, and maintaining the delicate balance between trade secrets and patent protection.
