Issue Date: April 7, 2008
Court Backs GSK On Patent Rule Challenge
The U.S. District Court of the Eastern District of Virginia has granted summary judgment to GlaxoSmithKline in support of the drug company's challenge to final rules issued by the U.S. Patent & Trademark Office that would limit the number of patent continuations and claim applications that can be presented to PTO. GSK argued that the rules, issued last August, would impede drug discovery and development (C&EN, Dec. 17, 2007, page 19). The court ruled that PTO lacked the authority to make substantive rule changes. In a statement, PTO expressed disappointment at the court's rejection.
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