Pa -- the Rain -- Innovation is Saved

Tafas v. Dudas, [1:07cv1008 (JCC)](October 31, 2007) The U.S. District Court for the Eastern District of Virginia enjoined the application of the Patents Office's rules governing continuations and claim limits.

BRIEF: After discussing the propriety of considering the various amicus briefs, and admissability of the Manbeck Declaration, the court turned to the merits of the injunction. Regarding plaintiff's likelihood of success, on the continuation limitations, the Court said that "a decision by the PTO to limit the number of continuing applications would run contrary to the mandate of Section 120." The Court found that neither party had a strong likelihood of success as the limitations on RCE's. With respect to Rules 75 and 265, which limit the number of claims an applicant may submit, the Court likewise found that neither party had a strong likelihood of success.