Court rules for GlaxoSmithKline in US Patent and Trademark Office case

Court rules for GlaxoSmithKline in US Patent and Trademark Office case

Philadelphia, PA (April 1, 2008) – The US District Court for the Eastern District of Virginia has granted summary judgment to GlaxoSmithKline [NYSE:GSK] and Tafas, ruling in support of GSK’s challenge to final rules issued by the US Patent and Trademark Office (PTO) on August 21, 2007.  Those rules would limit the number of continuation patent applications and claims that can be presented to the PTO, and significantly change other patent laws. The Court has decided that the proposed rules are substantive in nature, and since the PTO authority does not extend to making substantive rule changes, the PTO has exceeded its rulemaking authority under the law.

The following is GSK’s statement regarding the Court’s decision:

We are pleased that the Court has considered our arguments and decided that the PTO lacks the necessary authority to implement the proposed rule changes. This is a judgment in support of innovation across all industries. It reaffirms that all who want to patent their inventions in the United States will be allowed to seek protection on the full scope of their discoveries.

GlaxoSmithKline - one of the world's leading research-based pharmaceutical and healthcare companies - is committed to improving the quality of human life by enabling people to do more, feel better and live longer.  For company information, visit GlaxoSmithKline on the World Wide Web at

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