June 5, 2009
In an article, "Parties Seek Review of Federal Decision Upholding Controversial Patent Rules," The National Law Journal noted Kelley Drye's representation of Dr. Triantafyllos Tafas in his petition to the U.S. Court of Appeals for the Federal Circuit for a rehearing of a decision on the Tafas v. Doll case. The decision upheld the U.S. Patent and Trademark Office (PTO)'s authority to issue three of four controversial patent rules regarding patent applications. GlaxoSmithKline PLC, a pharmaceutical company, has also entered a petition on this matter. The petition stated that the Federal Circuit "misapplied" the standards in the Chevron Supreme Court case, which explains when courts should give deference to government agency regulations, and for classifying administrative rules.
"The Federal Circuit's incorrect analysis ‘turns administrative law on its ear." ‘That needs to be cleared up because it has bigger ramifications than just this case."
Partner William R. Golden is representing Dr. Tafas.