Tafas v. Dudas et al

Filing 172

MOTION for Leave to File Brief in Support of Plaintiffs Motions for Summary Judgment by Ron D. Katznelson. (klau, )

Tafas v. Dudas et al

Doc. 172

Case 1:07-cv-00846-JCC-TRJ

Document 172

Filed 12/27/2007

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MAILROOM
FILED

DEC 2 6 2007
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA
Alexandria Division
clerk, u.s. district court ALEXANDRIA. VIRGINIA

TRIANTAFYLLOS TAFAS, Plaintiff,
- against JON.W.DUDAS,era/.,
Defendants.

l:07-CV-846(JCC)

CONSOLIDATED WITH SMITHKLINE BEECHAM CORPORATION, et at.,

Plaintiff,
- against -

l:07-CV-1008 (JCC)

JON.W.DUDAS,efa/.,
Defendants.

MOTION OF AMICUS CURIAE DR. RON D. KATZNELSON FOR LEAVE TO FILE BRIEF IN SUPPORT OF PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT
I, Ron D. Katznelson of Encinitas, California, pro se, hereby request leave to

electronically file by December 27,2007 a brief as amicus curiae in support of the Tafas and
GSK plaintiffs' anticipated motions for summary judgment.

I am an engineer, an inventor, an independent entrepreneur and a user of the U.S. patent system for more than two decades. As an inventor and co-inventor of 25 U.S. patents and
pending applications, I depend on patents and on the patent application process for protecting my

inventions. I will be directly harmed by these rules, as will many other small entities. My
technology based business prospects depend in large degree on the ability to compete and exploit

my own innovations as provided by the patent system. My abilities to profit from my own

Dockets.Justia.com

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creations and ability to obtain investment capital to turn future inventions into useful products
will be significantly compromised under these rules.

My brief will bring together research into the macro quantitative and statistical aspects of

the patent system, analysis of the United States Patent and Trademark Office ("USPTO") data
produced to Plaintiffs and obtained elsewhere, and an understanding of real-world business
consequences of the changes to the patent system that the USPTO seeks. I have also studied
possible measures to reduce patent examination workload at the USPTO.

The USPTO certified under the Regulatory Flexibility Act ("RFA") that its new rules

under review in this case would have no significant economic impact on a substantial number of
small entities. The USPTO also published a study in support of its certification under the RFA ("RFA Study"). Unfortunately, the RFA Study and the new rules were not subject to public comment. The RFA Study is replete with errors and flawed analysis that renders the USPTO's certification invalid. Moreover, alternatives to reduce USPTO workload were proposed but
silently rejected by the USPTO without a cogent discussion in the Notice of Final Rulemaking.
My critical review of the RFA Study and alternatives would provide significant insight into the
technical subject matter before this court.

I also request that the court allow me to file my brief electronically, as I am already a PACER user. Under the current local rules, pro-re parties can only file briefs by paper. I
understand that those submissions are later scanned by the clerk and inserted into the court's

EM/ECF electronic system for dissemination. My brief includes exhibits with graphics and
charts that were produced with patterns and color keys that reproduce legibly when printed

directly from a PDF file. However, based on my experience, they would loose much readability and clarity when printed, scanned in half-toned quantized pixels and printed again, as the case
would be under paper submission. The resulting large file size inefficiencies may also cause them to be split into multiple exhibit parts, taxing further the court's administrative resources. In

the interest of avoiding graphic ambiguities and loss of information, the court and the parties in
this case would benefit from the court permitting me to file my brief electronically, thereby

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affording me the same advantages and opportunities available to all other parties represented by
counsel.

I am authorized to state that counsel for the GSK Plaintiffs in C.A. No. 1:07cv 1008 and

for Dr. Tafas in C.A. No. l:07cv846 have consented to the filing of my amicus brief. Counsel for
Defendants advised the undersigned that Defendants express no position on the instant motion
and consents to not having oral argument on this motion. In light of the parties' views on this
motion for leave, no hearing is requested on this motion for leave.

For the foregoing reasons, I, amicus curiae Ron D. Katznelson, request that the Court

grant leave to file an amicus brief in support of Plaintiffs' motions for summary judgment.
Respectfully submitted,

Ron D. Katznelson, Ph.D. Encinitas, CA.
rkatznelsonfSlroadrunner.com

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CERTIFICATE OF SERVICE
I hereby certify that on this 20th day of December 2007,1 caused a copy of the foregoing Motion
ofAmicus Curiae Dr. Ron D. Katznelson for Leave to File a Brief in Support of the Plaintiffs' Anticipated Motions for Summary Judgment to be sent by electronic mail to the following:

EJizabeth Marie Locke
Kirkland & Ellis LLP

655 15th Street, NW
Suite 1200

Washington, DC 20005 Email: [e-mail]

James Murphy Dowd Wilmer Cutler Pickering Hale & Dorr LLP 1455 Pennsylvania Avenue NW Washington, DC 20004 Email: [e-mail] Counsel for Putative Amicus Pharmaceutical

Craig Crandell Reilly Richard McGettingan Reilly & West PC
1725 Duke Street

Research and Manufacturers ofAmerica

Suite 600 Alexandria, VA 22314 Email: [e-mail] Daniel Sean Trainor

Randall Karl Miller Arnold & Porter LLP 1600 Tysons Blvd

Suite 900
McLean, VA 22102

Kirkland & Ellis LLP

655 15th Street, NW
Suite \200

Email: randall [e-mail]

Washington, DC 20005
Email: [e-mail]

Counselfor Putative Amicus Biotechnology Industry Organization

Counselfor Plaintiffs SmithKline Beecham

Rebecca M. Carr Pillsbury Winthrop Shaw Pittman, LLP 2300 N Street, NW

Corp. d/b/a GlaxoSmithKline, SmithKline

Beecham PLC, and Glaxo Group Limited, d/b/a GlaxoSmithKline

Washington, DC 20037 Email: [e-mail] Scott J. Pivnick Pillsbury Winthrop Shaw Pittman 1650 Tysons Boulevard

Thomas J. O'Brien Morgan, Lewis & Bockius 1111 Pennsylvania Avenue, NW Washington, DC 20004
Email: to'[e-mail]

McLean, Virginia 22102-4856
Email: [e-mail]

Counsel for Putative Amicus American Intellectual Property Lawyers Association

Counsel for Putative Amicus Elan Pharmaceuticals, Inc.

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Dawn-Marie Bey

Kilpatrick Stockton LLP

700 13th Street NW

Suite 800 Washington, DC 20005
Email: [e-mail]

Robert E. Scully Jr. Stites & Harbison PLLC 1199 North Fairfax Street, Suite 900 Alexandria, Virginia 22314
[phone] Fax: [phone] Email: [e-mail] Counsel for Putative Amicus Curiae Human Genome Sciences, Inc.

Counsel for Putative Amicus Hexas, LLC, The Roskamp Institute, Tikvah Therapeutics, Inc.

Matthew Schruers Computer & Communications Industry Association

Charles Gorenstein
Michael K. Mutter

900 17th Street, NW, Suite 1100
Washington, DC 20006

Birch, Stewart, Kolasch and Birch, LLP
8110 Gatehouse Rd., Suite 100 East Falls Church, Virginia 22042
Email: [e-mail]

Tel.: [phone] Fax: [phone]
Email: [e-mail]

Counsel for Putative Amici Curiae Public Patent Foundation, Computer & Communications Industry Association, AARP,

Counsel for Putative Amicus Intellectual Property Institute of the William Mitchell
College ofLaw

Consumer Federation ofAmerica, Essential
Action, Foundation for Taxpayer and Consumer Rights, Initiative for Medicines, Access & Knowledge, Knowledge Ecology
International, Prescription Access Litigation, Public Knowledge, Research on Innovation,

Lauren A. Wetzler Assistant United States Attorney Justin W. Williams U.S. Attorney's Building
2100 Jamieson Avenue

Alexandria, Virginia 22134
Tel: [phone]

and Software Freedom Law Center

Fax: [phone] Email: [e-mail] Counsel for AH Defendants

By:

Ron D. Katznelson, Ph.D. Encinitas, CA.
[e-mail]