The U.S. Patent and Trademark Office filed a Notice of Appeal today with the Court of Appeals for the Federal Circuit, challenging the decision of Judge William Cacheris of the Eastern District of Virginia permanently enjoining the continuation and claims rules as being outside the scope of their statutory authority. The Federal Circuit is expected to notice a briefing schedule, and invite amicus briefing, once it receives the record from the District Court.
It is unlikely that the matter will be finally resolved for several months, and quite possibly not until the change of administration. Additionally, Judge Cacheris made his decision on only one of several grounds raised by the plaintiffs, Dr. Tafas and GlaxoSmithKline, making it likely that the Federal Circuit will remand the case to the District Court for further proceedings. It is unlikely that the injunction barring implementation of the rules will be lifted before the District Court has ruled on these alternative grounds for relief.
The notice of appeal can be read here.
(Source: www.patentdocs.net)
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