Intellectual Property Law

Federal Circuit to hear claim and continuation rule case en banc

By McKee, Voorhees & Sease, P.L.C.

In an order this afternoon, the Federal Circuit agreed to hear en banc Tafas v. Doll, the case challenging the USPTO's claim and continuation rules.  Back in March, a panel of the court held, in a 2-1 decision, the limits on continuation applications were invalid, but the remainder of the rules were not invalid, at least for the reasons given by the district court.

In the order, the court set forth the briefing schedule:

• August 5:  Appellants' additional briefs due
• August 25:  Appellee's additional brief due
• September 1:  Reply briefs due

Oral argument will be set at a later date.  To read the order granting en banc review, click here.

Full post as published by FileWrapper on July 06, 2009 (boomark / email).