DeJovin et al.v.Gil et al. V. DeJovin et al. V. Dejovin et al.

Patent Trials and Appeals Board

May 16, 2014

10853585 - (J) (P.T.A.B. May. 16, 2014)

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.