By Kevin E. Noonan —

Gene Quinn from the PLI blog reports today that Judge Cacheris has set the briefing schedule for summary judgment motions in the challenge to the claims and continuation rules enjoined by the Court on October 31st (see Patent Docs report).  All parties must file summary judgment motions and any briefs in support of those motions by December 20th (see Court’s Order).

This deadline also applies to any amicus briefs to be filed in support of either party.  Opposing briefs are due on January 22, 2008, and reply briefs due on February 1, 2008.  The hearing on motions is scheduled for February 8th, but GSK counsel has informed the Court that it is scheduled for trial in another matter on that day.  Thus, the Court’s Order schedules an alternative date of the first Friday following February 15th that the Judge has available for the hearing.

In view of this schedule, it is possible that there will be a decision in late winter or early spring.  It is unlikely that the matter will go to trial, since there will be no discovery and it is difficult to see what issues remain for trial.  Since it can be expected that the losing party will appeal, it is conceivable that the ultimate fate of the "new rules" will not be determined until next summer.

For additional information on this topic, please see:

• "No Discovery in New Rules Case," November 27, 2007
• "Tafas v. Dudas; SmithKline Beecham Corp. v. Dudas (E.D. Va. 2007)," October 31, 2007
• "USPTO Late to Its Own Party," October 31, 2007
• "GSK Secures Injunction," October 31, 2007 (includes links to Court’s Order and Opinion)
• "Senator Schumer Sends a Signal," October 30, 2007
• "GSK TRO/Preliminary Injunction Hearing," October 29, 2007
• "AIPLA Supports GSK’s Lawsuit Against the Patent Office’s New Rules," October 25, 2007
• "GSK Brings Out the Big Guns Opposing the New Continuation and Claims Rules," October 24, 2007
• "Hooray! – (Finally) the Big Dogs Have Joined the Hunt," October 11, 2007
• "Rules Challenger Amends Complaint and Withdraws PI Motion," September 11, 2007
• "Inventor Sues PTO to Prevent New Continuation and Claims Rules from Taking Effect," August 30, 2007