DAWN REFSELL

Patent Trials and Appeals Board

Dec 1, 2020

106124 (P.T.A.B. Dec. 1, 2020)

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