Petition for Rehearing filed in Tafas v. Doll
Plaintiff-appellee Dr. Triantafyllos Tafas and plaintiffs-appellees SmithKline Beecham Corp., SmithKline Beecham PLC, and Glaxo Group Ltd. filed petitions for a panel rehearing or rehearing en banc of the March 20 decision in Tafas v. Doll .
GSK posed the following questions:
I. Did the Panel majority err in rejecting the test for determining whether a Patent and Trademark Office rule is "substantive," as set forth in the controlling precedent of Chrysler, Animal Legal Defense Fund, and Cooper Technologies,.
II. Did the Panel majority err in holding that the challenged Final Rules, 72 Fed. Reg. 46,716, fall within the PTO's limited, non-substantive rulemaking authority.