DeJovin et al.v.Gil et al. V. DeJovin et al. V. Dejovin et al.Download PDFPatent Trial and Appeal BoardMay 16, 201413775784 (P.T.A.B. May. 16, 2014) Copy Citation NOTICE: "Any agreement or understanding between parties to an interference, including any collateral agreements referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing and a true copy thereof filed in the Patent and Trademark Office before the termination of the interference as between the said parties to the agreement or understanding." 35 U.S.C. 135(c); see also Bd.R. 205 (settlement agreements). BoxInterferences@uspto.gov Entered: 16 May 2014 Telephone: 571-272-4683 UNITED STATES PATENT AND TRADEMARK OFFICE PATENT TRIAL AND APPEAL BOARD Patent Interference No. 105,976 ALLERGAN, INC. (13/768,901), Junior Party, v. GALDERMA LABORATORIES INC. (7,439,241 and 8,426,410 and 13/775,784), Senior Party. Before: RICHARD TORCZON, DEBORAH KATZ and HUNG H. BUI, Administrative Patent Judges. TORCZON, Administrative Patent Judge. JUDGMENT Bd.R. 127(b) requested Interference No. 105,976 Page 2 The junior party (Allergan) requests adverse judgment. 1 Accordingly— Judgment is ENTERED AGAINST Allergan for count 1, the sole count; 2 and Allergan's involved claims 1 and 2 3 are FINALLY REFUSED. 4 A copy of this judgment shall be entered in the respective administrative records of the involved application and patents. Although it would be unusual to seek judicial review of a requested judgment without a decision on the merits, if a party does so the party must timely serve the Director of the United States Patent and Trademark Office. 5 cc: R. DANNY HUNTINGTON and R. ELIZABETH BRENNER-LEIFER, Rothwell, Figg, Ernst & Manbeck, P.C., of Washington, D.C. STEVEN P. O'CONNER, Finnegan, Henderson, Farabow, Garrett & Dunner LLP, of Reston, Virginia; and M. PAUL BARKER, Finnegan, Henderson, Farabow, Garrett & Dunner LLP, of Palo Alto, California. 1 Paper 37. 2 Paper 1 (Decl.) at 3. 3 Id. 4 35 U.S.C. 135(a) (2012). 5 37 C.F.R. §§ 90.1 & 104.2. Copy with citationCopy as parenthetical citation