Pastorio et al.v.Levin et al.

Patent Trial and Appeal Board

Mar 16, 2016

13498245 (P.T.A.B. Mar. 16, 2016)

BoxInterferences@uspto.gov Paper 260
Tel: 571-272-4683 Entered: March 16, 2016

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

ANAI LEVIN
and MICHAEL GRABARNICK,
Junior Party,
(Application 13/926,389)

v.

ANDREA PASTORIO
and PAOLO BETTI
Senior Party,
(Patent 8,304,559)

Patent Interference No. 105,995
(Technology Center 1600)

Before RICHARD E. SCHAFER, SALLY GARDNER LANE, and DEBORAH
KATZ, Administrative Patent Judges.

LANE, Administrative Patent Judge.

JUDGMENT - Bd. R. 127(a)

2
A decision denying the junior party Levin motion for judgment on priority
(Levin Priority Motion, Paper 174) and motion for judgment that the Pastorio
involved claims are unpatentable (Levin Motion 4, Paper 175) has been entered.
(Decision, Paper 259). In view of the Decision, judgment on priority is entered
against Levin.
Order
It is
ORDERED that judgment on priority is entered against junior party Levin as
to Count 2, the sole Count of the interference (Redeclaration 2, Paper 145, at 3);
FURTHER ORDERED that claims 1-10 of Levin application 13/926,389,
which correspond to Count 2, are FINALLY REFUSED. 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 Levin application and Pastorio patent.

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 Levin:

Gary J. Gershik
Norman H. Zivin
COOPER & DUNHAM, LLP
ggershik@cooperdunham.com
nzivin@cooperdunham.com

Attorney for Pastorio:

E. Anthony Figg
R. Danny Huntington
ROTHWELL, FIGG, ERNST & MANBECK, P.C.
efigg@rfem.com
dhuntington@rfem.com