Lennon et al.v.Aguera et al.Download PDFPatent Trial and Appeal BoardApr 15, 201510220042 (P.T.A.B. Apr. 15, 2015) Copy Citation -1- BoxInterferences@uspto.gov Filed: April 15, 2015 Tel: 571-272-4683 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD VANDA A. LENNON, ZHIYA YU, THOMAS J. KRYZER, AND GUY E. GRIESMANN Junior Party, (Application 09/606,924) v. MICHELE AGUERA, JEAN-CHRISTOPHE ANTOINE, MARIE-FRANCOISE BELIN, JEROME HONNORAT, AND VERONIQUE ROGEMOND, Senior Party, (Patent 7,329,499) Patent Interference No. 106,015 (Technology Center 1600) Before: SALLY GARDNER LANE, DEBORAH KATZ, and HUNG H. BUI, Administrative Patent Judges. LANE, Administrative Patent Judge. Judgment – Request for Adverse – Bd. R. 127(b) -2- Junior party Lennon has requested adverse judgment. (Request, Paper 18). 1 The Request is GRANTED. 2 Upon consideration of the record and for reasons given, it is: 3 ORDERED that judgment on priority as to Count 1, the sole count of the 4 interference, is entered against junior party Lennon; 5 FURTHER ORDERED that claims 41–47 of Lennon application 6 09/606,924, which claims correspond to Count 1 (Declaration, Paper 1 at 4–5), are 7 FINALLY REFUSED, 35 U.S.C.§135(a)1; 8 FURTHER ORDERED that the parties note the requirements of 35 U.S.C. 9 §135(c) and Bd.R. 205; 10 FURTHER ORDERED that a copy of this judgment shall be entered into the 11 administrative record of Aguera patent 7,329,499 and Lennon application 12 09/606,924; 13 FURTHER ORDERED that, if a party seeks judicial review, the party must 14 file a notice with the Board within seven days of initiating judicial review. Bd. R. 15 41.8(b). We direct the parties’ attention to Biogen Idec MA, Inc., v. Japanese 16 Foundation for Cancer Research, 38 F. Supp. 3d 162 (D.Mass. 2014); and 17 FURTHER ORDERED that the conference call scheduled for 17 April 2015 18 is CANCELLED. 19 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 electronic): Attorney for Lennon: J. Patrick Finn III, Ph.D. finn@fr.com Marc M. Wefers, Ph.D. wefers@fr.com Attorney for Aguera: Kristel Schorr kschorr@foley.com George E. Quillin gquillin@foley.com Copy with citationCopy as parenthetical citation