More Invitation Briefs

By Kevin Russell
on May 22, 2006 at 4:21 pm

I noted on Thursday (here) that the SG had recently filed four invitation briefs. On Friday, the SG filed a brief recommending denial in No. 05-489, SmithKline Beecham v. Apotex, a patent case which deals with the question whether a compound that is inevitably produced by the prior art is inherently anticipated by the prior art, and thus not novel. [Disclosure: Goldstein & Howe, our predecessor firm, represented Apotex.] The SG also filed a brief recommending denial in No. 05-417, Empresa Cubana del Tabaco v. General Cigar Company , which presents questions regarding trademarks and the Cuban Assets Control Regulations.

By our count, three more invitation briefs are likely to be filed in the coming days: No. 04-1350, KSR International v. Teleflex (a patent case); No. 05-381, Weyerhaeuser v. Ross-Simmons Hardwood Lumber (antitrust); and No. 05-853, McGowan v. NJR Service Corporation (ERISA).

And for those of you keeping score at home, the SG has recommended six denials in the six briefs that he has filed so far this month.