Palese et al.v.Palese et al.Download PDFPatent Trial and Appeal BoardOct 29, 201310713732 (P.T.A.B. Oct. 29, 2013) 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) (2012); see also Bd.R. 205 (settlement agreements). BoxInterferences@uspto.gov Paper 32 Telephone: 571-272-4683 ENTERED: 29 October 2013 UNITED STATES PATENT AND TRADEMARK OFFICE PATENT TRIAL AND APPEAL BOARD Patent Interference No. 105,952 (RT) VIVALDI BIOSCIENCES INC. and Icahn School of Medicine at Mount Sinai (12/480,410), Junior Party, v. ICAHN SCHOOL OF MEDICINE AT MOUNT SINAI (7,588,768), Senior Party. Before: RICHARD E. SCHAFER, RICHARD TORCZON and DEBORAH KATZ, Administrative Patent Judges. TORCZON, Administrative Patent Judge. JUDGMENT Bd.R. 127(b) requested Interference No. 105,952 Page 2 The junior party (Vivaldi) requests entry of adverse judgment. 1 Accordingly, we enter judgment against Vivaldi for the subject matter of count 1. 2 Claims 1-37 of Vivaldi's 12/480,410 application are FINALLY REFUSED. 3 A copy of this judgment shall be placed in the administrative record of the involved application and the involved patent. cc: WILLIAM H. EPSTEIN and GEORGE M. GOULD, Gibbons P.C., of Newark, New Jersey. THOMAS E. FRIEBEL, LAURA A. CORUZZI and JENNIFER J. CHHEDA, Jones Day, of New York, New York. 1 Paper 31. 2 Paper 1 at 3 ("The method of 7,588,768 claim 19"). 3 35 U.S.C. § 135(a) (2012). Copy with citationCopy as parenthetical citation