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Not a Joke : District Court Judge :: Patent & Trademark Office's Final Rules are "void" (from Patently-O)
From: David Farber <dave () farber net>
Date: Wed, 2 Apr 2008 03:27:23 -0700
________________________________________ From: Scott Moskowitz [scott () bluespike com] Sent: Tuesday, April 01, 2008 6:37 PM To: David Farber Subject: Not a Joke : District Court Judge :: Patent & Trademark Office's Final Rules are "void" (from Patently-O) Patently-O Blog (Dennis Crouch) Tafas v. Dudas: PTO's Proposed Limitations on Continuations and Claims are Invalid<http://www.patentlyo.com/patent/2008/04/tafas-v-dudas-p.html> In a twenty-six page opinion, District Court Judge Cacheris has granted GSK’s and Tafas’s Motions for Summary Judgment — finding the PTO’s proposed limitations to the number of continuation applications and claims per patent to be improper extensions of PTO authority: “Because the USPTO’s rulemaking authority under 35 U.S.C. § 2(b)(2) does not extend to substantive rules, and because the Final Rules are substantive in nature, the Court finds that the Final Rules are void as ‘otherwise not in accordance with law’ and ‘in excess of statutory jurisdiction [and] authority.’ 5 U.S.C. § 706(2).” * File Attachment: TafasDudasOpinion.pdf (114 KB)<http://www.patentlyo.com/patent/law/TafasDudasOpinion.pdf> * File Attachment: TafasDudasOrder.pdf (30 KB)<http://www.patentlyo.com/patent/law/TafasDudasOrder.pdf> There are lot of things intellectual property "owners" would like from the public. The concern should be focused on the creators of said property. I do believe it is intellectual property. Sincerely,Scott Moskowitzhttp://www.bluespike.com/ On Apr 1, 2008, at 6:00 PM, David Farber wrote: ________________________________________ From: Art Brodsky [abrodsky () publicknowledge org<mailto:abrodsky () publicknowledge org>] Sent: Tuesday, April 01, 2008 5:39 PM To: David Farber Subject: the truth behind the joke Dave, I hope some of the IPers read the bill we sent around earlier, S. 4108, the new IP bill. Some realized it was an April Fool's exercise. What was very serious, however, is that in the midst of the absurdity, there was real language proposed by the content industry. The fact that people couldn't tell the difference is very telling. Sherwin Siy, who wrote the bill, has a blog post with the background: http://www.publicknowledge.org/node/1495 Art -- Art Brodsky Communications Director Public Knowledge (202) 518-0020 ext 103 (o) (301) 908-7715 (c) 1875 Connecticut Ave., N.W. Suite 650 Washington, D.C. 20009 www.publicknowledge.org ------------------------------------------- Archives: http://www.listbox.com/member/archive/247/=now RSS Feed: http://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com ------------------------------------------- Archives: http://www.listbox.com/member/archive/247/=now RSS Feed: http://www.listbox.com/member/archive/rss/247/ Powered by Listbox: http://www.listbox.com
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- Not a Joke : District Court Judge :: Patent & Trademark Office's Final Rules are "void" (from Patently-O) David Farber (Apr 02)