The clock is ticking for U.S. Patent Application No. 10/962,357, which is currently pending before the USPTO. The patent application is generally directed toward a pharmaceutical composition comprising arsenite for the treatment of malignancy, and will go abandoned as of December 3, 2009, absent intervention of the Eastern District of Virginia.
Komipharm International Co., Ltd. claims ownership and has attempted to pursue the prosecution of this patent application; however, the USPTO has denied its attempts to do so. The USPTO has determined that Komipharm does not own all rights in the patent application because one of the named inventors, Dr. Sang Bong Lee, retained his rights. This is significant because it means that Dr. Lee’s consent is needed to continue prosecution of the patent application. In an effort to circumvent the USPTO’s decision, Komipharm filed a complaint on November 30, 2009, in the Eastern District of Virginia against David Kappos, Director of the USPTO. Komipharm seeks a ruling that the USPTO’s decision that Komipharm is not the owner of a pending patent application, despite U.S. assignments of the pending patent application to Komipharm, is arbitrary, capricious and contrary to law. Komipharm also seeks a preliminary injunction to suspend all prosecution of the pending patent application until ownership of the patent application is determined by the EDVA, or in the alternative, requests that the USPTO withdraw the pending Office Action so as to preserve the status quo while the matter is pending.
The dispute has arisen over various documents recorded at the USPTO. The USPTO determined that one of the named inventors, Dr. Lee, had not assigned all of his rights in the patent application to Komipharm. As a result of the decision, Komipharm has alleged that it cannot prosecute the patent application, as Dr. Lee has refused to file a joint response to the outstanding Office Action. The patent application currently stands to go abandoned on December 3, 2009, if no action is taken, and Komipharm alleges that it would be irreparably harmed if it was allowed to go abandoned.
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