In the written ruling blocking the PTO's implementation of the new rules, Judge James Cacheris stated that Glaxo raises:

• "serious concerns as to whether the Final Rules comport with the Patent Act;" and
• "serious concerns as to whether a reasonably prudent person would be able to comply with the [Examination Support Document requirements."

According to Keshishian, the court's ruling was sound because the PTO itself estimates that the cost of preparing an examination support document will be in the range of "$2,563 to $13,121" and that additional expense is "not expected to result in a significant impact" on small entities. "In the practical world, however, having represented independent inventors and start-ups, that additional expense will either dissuade inventors from filing additional claims that sufficiently protect their inventions or force them to abandon the notion of patent protection," said Keshishian. He added that "the loss of patent protection negatively impacts innovation because without patent protection, there is no incentive to invest in research and development."

The court battle will now move to the summary judgment stage, where Glaxo will ask the court to permanently block the new rules. The summary judgment hearing is currently scheduled for December. Keshishian predicts that Glaxo will also be victorious at the summary judgment phase.

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