April 3, 2008
Intellectual Property Watch quotes partner William Golden in an article titled "US Election, Patent Reform Could Decide Fate of Voided USPTO Rules."
The article discusses a recent decision by a U.S. federal court in Virginia, which held the USPTO overstepped its authority in proposing new rules that cap the number of continuation requests and claims that patent seekers can submit.
Mr. Golden and the Kelley Drye team represent Triantafyllos Tafas, who sued the USPTO, claiming the rules substantially changed the regulatory landscape and caused Tafas to lose potential rights stemming from his original work.
GlaxoSmithKline later joined Tafas' case. On April 2, Judge James Cacheris ruled in favor of Tafas, granting Kelley Drye's motion for summary judgment.
The article states, "'We are gratified but not surprised,' said Tafas attorney William Golden of Kelley Drye & Warren.'"
"An appeal is 'almost inevitable,' said Golden, but the decision is likely to stand. 'The solution to the USPTO's problems properly lies with Congress, not the courts,' he said."