DAWN REFSELLDownload PDFPatent Trials and Appeals BoardDec 1, 2020106124 (P.T.A.B. Dec. 1, 2020) Copy Citation 1 BoxInterferences@uspto.gov Filed: December 1, 2020 Tel: 571-272-9797 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD DAWN REFSELL, Junior Party (Patent 9,750,259) v. BERND SIEVERNICH, WILLIAM KARL MOBERG, ANJA SIMON, HELMUT WALTER AND RICHARD R. EVANS Senior Party (Application 15/665,598). Patent Interference No. 106,124 (Technology Center 1600) Before: SALLY GARDNER LANE, JAMES T. MOORE, and DEBORAH KATZ, Administrative Patent Judges. MOORE, Administrative Patent Judge. JUDGMENT Bd. R. 127(a) 2 Party Refsell requested adverse judgment. Paper 19. The request for adverse judgment is GRANTED. As a result of the granting of Refsell’s motion, we enter judgment against Refsell. Order It is ORDERED that judgment on priority is entered against junior party Refsell as to Count 1, the sole Count of the interference (Declaration, Paper 1, 4); FURTHER ORDERED that claims 1–11 of Refsell patent 9,750,259, which correspond to Count 1, are canceled. (Declaration, Paper 1, 4); 35 U.S.C. § 135(a);1 FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and Bd. R. 205 regarding the filing of settlement agreements; FURTHER ORDERED that a party seeking judicial review timely serve notice on the Director of the United States Patent and Trademark Office; 37 C.F.R. §§ 90.1 and 104.2. See also Bd. R. 8(b). Attention is directed to Biogen Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 654–57 (Fed. Cir. 2015) (determining that pre-AIA § 146 review was eliminated for interference proceedings declared after September 15, 2012); and FURTHER ORDERED that a copy of this judgment be entered into the administrative records of the involved Refsell patent and Sievernich application. 1 Any reference to a statute in this Judgment is to the statute that was in effect on March 15, 2013 unless otherwise indicated. See Pub. L. 112-29, § 3(n), 125 Stat. 284, 293 (2011). 3 cc (via email): Attorney for Refsell: Jeremy D. Raincrow jraincrow@woodphillips.com Martin L. Katz mlkatz@woodphillips.com Attorney for Sievernich: Sandip H. Patel spatel@marshallip.com Michael R. Weiner mweiner@marshallip.com lb Copy with citationCopy as parenthetical citation