GSK & Tafas v. USPTO Update

Earlier this month, attorneys for Dr. Tafas in the ongoing battle regarding the new USPTO claims and continuations rules had filed notices of deposition for several USPTO officials. John Dudas, Undersecretary of Commerce, John Doll, Commissioner of Patents, John Love, Deputy Commissioner for Patent Examination Policy, and Robert Bahr, Senior Patent Attorney are scheduled to be deposed between the 7th and 14th of December, 2007. However, on the 27th of November, the parties will return to court to argue whether these depositions should, in fact, take place.

 Additionally, the plaintiffs seek to compel document production by the USPTO. The Patent Office has withheld certain documents on the basis of privilege; however, the USPTO did not submit a privilege log, as every litigant is required to do. Both plaintiffs have prepared memoranda seeking to compel production of this privilege log, as required by FRCP 26(b)(5)(A).