Judge Cacheris Grants GSK's and Tafas' Motions for Summary Judgement

Most patent practitioners are rejoicing today. The proposed new USPTO rules will will remain blocked, at least for now. Judge Cacheris from the U.S.D.C., E.D. of Virginia issued a decision today granting GSK's and Mr. Tafas' motions for summary judgment.

From the order:


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).

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