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Update on Implementation of New USPTO Rules

As a follow-up to yesterday’s report of a preliminary injunction by the Eastern District Court of Virginia in the GlaxoSmithKline case against the USPTO, we have obtained and studied the order and can confirm the injunction halting the implementation of the USPTO’s new rules is effective until entry of final judgment.

In addition, the USPTO web site today carries a notice acknowledging that its employees are to continue processing and examining patent applications under the rules and procedures in effect on October 31, 2007 until further notice.

We expect the USPTO will file an appeal, and we will continue to monitor those proceedings, sending further updates as necessary. Please contact your Wolf Greenfield attorney if you wish
to discuss strategies while this case is being resolved.