[IP] Not a Joke : District Court Judge :: Patent & Trademark Office's Final Rules are "void" (from Patently-O)

[David Farber <dave@farber.net>]

________________________________________
From: Scott Moskowitz [scott@bluespike.com]
Sent: Tuesday, April 01, 2008 6:37 PM
To: David Farber
Subject: Not a Joke : District Court Judge :: Patent & Trademark Office's Final Rules are "void" (from Patently-O)

Patently-O Blog (Dennis Crouch)

Tafas v. Dudas: PTO's Proposed Limitations on Continuations and Claims are Invalid<http://www.patentlyo.com/patent/2008/04/tafas-v-dudas-p.html>

In a twenty-six page opinion, District Court Judge Cacheris has granted GSK’s and Tafas’s Motions for Summary Judgment — finding the PTO’s proposed limitations to the number of continuation applications and claims per patent to be improper extensions of PTO authority:

“Because the USPTO’s rulemaking authority under 35 U.S.C. § 2(b)(2) does not extend to substantive rules, and because the Final Rules are substantive in nature, the Court finds that the Final Rules are void as ‘otherwise not in accordance with law’ and ‘in excess of statutory jurisdiction [and] authority.’ 5 U.S.C. § 706(2).”


 *   File Attachment: TafasDudasOpinion.pdf (114 KB)<http://www.patentlyo.com/patent/law/TafasDudasOpinion.pdf>
 *   File Attachment: TafasDudasOrder.pdf (30 KB)<http://www.patentlyo.com/patent/law/TafasDudasOrder.pdf>

There are lot of things intellectual property "owners" would like from the public. The concern should be focused on the creators of said property. I do believe it is intellectual property.
Sincerely,Scott Moskowitzhttp://www.bluespike.com/
On Apr 1, 2008, at 6:00 PM, David Farber wrote:

________________________________________
From: Art Brodsky [abrodsky@publicknowledge.org<mailto:abrodsky@publicknowledge.org>]
Sent: Tuesday, April 01, 2008 5:39 PM
To: David Farber
Subject: the truth behind the joke

Dave,

I hope some of the IPers read the bill we sent around earlier, S. 4108, the new IP bill.  Some realized it was an April Fool's exercise.

What was very serious, however, is that in the midst of the absurdity, there was real language proposed by the content industry.  The fact that people couldn't tell the difference is very telling.

Sherwin Siy, who wrote the bill, has a blog post with the background:  http://www.publicknowledge.org/node/1495

Art


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Art Brodsky
Communications Director
Public Knowledge
(202) 518-0020 ext 103 (o)
(301) 908-7715 (c)
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Suite 650
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www.publicknowledge.org



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