Vecchio et al.v.Rao et al.

Patent Trial and Appeal Board

Jul 11, 2013

12441368 (P.T.A.B. Jul. 11, 2013)

BoxInterferences@uspto.gov Paper 54
Telephone: 571-272-4683 ENTERED: 11 July 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
PATENT TRIAL AND APPEAL BOARD

Patent Interference No. 105,912

SALIX PHARMACEUTICALS, INC.
(12/452,152),
Junior Party,

v.

CIPLA LIMITED
and Salix Pharmaceuticals, Inc.
(12/441,368),
Senior Party.

Before: RICHARD E. SCHAFER, RICHARD TORCZON and DEBORAH
KATZ, Administrative Patent Judges.

PER CURIAM.

JUDGMENT
Bd.R. 127(b)
requested

Salix, a real party-in-interest for both involved applications, requests
adverse judgment on priority against the 12/452,152 application and
judgment against corresponding claim 7. The request is GRANTED.
Interference No. 105,912 Page 2

Judgment is entered against the 12/452,152 application for count 1,
the sole count,
1
and
Claim 7 of the 12/452,152 application is FINALLY REFUSED.
2

cc:

JANELLE D. WAACK and JASON W. BRYAN, Novak Druce + Quigg LLP, of
Houston, Texas.

Records of the 12/441,368 application and of the 12/452,152 application,
respectively.

1
Paper 52 at 1.
2
35 U.S.C. § 135(a).