In the much anticipated decision from the Eastern District of Virginia the claims and continuation rules enjoined on October 31, 2007, were unceremoniously thrown out! Judge Cacheris concluded:
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).
The complete decision is available at: