Appellate Law360, Health Law360 Intellectual Property Law360 and Technology Law360 Report on Kelley Drye’s Representation in Tafas Case Regarding USPTO’s Withdrawal of New Patent Rules
October 9, 2009

In an article, “USPTO Drops Controversial Rules Package,” Appellate Law360 , Health Law360 , Intellectual Property Law360 and Technology Law360 noted Kelley Drye’s representation of Dr. Triantafyllos Tafas. The article focused on the U.S. Patent and Trademark Office’s (USPTO) announcement on October 8, 2009 that it was moving to withdraw its appeal of the April 2008 decision by the United States District Court for the Eastern District of Virginia which invalidated the USPTO’s claims and continuation rules. Litigation against the rules, which were aimed at curtailing prosecution abuses and cutting down the patent application backlog, were brought by inventor Dr. Tafas and GlaxoSmithKline PLC.

“The lower court’s decision may still have precedential weight if the USPTO tries to pass rules that are substantive again. Without it, we’re back at square zero.”

The Kelley Drye attorneys handling this matter for Dr. Tafas includes partner William R. Golden, Jr.