Dudley et al.v.Patel

Patent Trial and Appeal Board

Dec 21, 2018

14713692 (P.T.A.B. Dec. 21, 2018)

BoxInterferences@uspto.gov Entered: December 21, 2018
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEALS BOARD

Lipocine, Inc.
Junior Party
Application 14/713,692

v.

Clarus Therapeutics, Inc.
Senior Party
U.S. Patent No. 8,828,428 B1
_______________

Patent Interference No. 106,045
(Technology Center 1600)

Before SALLY GARDNER LANE, JAMES T. MOORE, and DEBORAH KATZ,
Administrative Patent Judges.

LANE, Administrative Patent Judge.

JUDGMENT - Bd. R. 127(a)

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A decision granting the Lipocine, Inc. (Lipocine) Priority Motion has been 1
entered. (Decision, Paper 389). Senior party Clarus Therapeutics, Inc. (Clarus) did 2
not file a Priority Motion. Accordingly, we enter judgment against Clarus. 3
4
Order 5
It is 6
ORDERED that judgment on priority is entered against senior party Clarus 7
as to Count 1, the sole Count of the interference (First Redeclaration, Paper 171, 1-8
2); 9
FURTHER ORDERED that claims 1-4 of Clarus patent 8,828,428 B1 which 10
correspond to Count 1, are CANCELLED. (First Redeclaration, Paper 171, 2); 11
35 U.S.C. § 135(a);1 12
FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and 13
Bd. R. 205 regarding the filing of settlement agreements; 14
FURTHER ORDERED that a party seeking judicial review timely serve 15
notice on the Director of the United States Patent and Trademark Office; 16
37 C.F.R. §§ 90.1 and 104.2. See also Bd. R. 8(b). Attention is directed to Biogen 17
Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 18
654–57 (Fed. Cir. 2015) (determining that pre-AIA § 146 review was eliminated for 19
interference proceedings declared after September 15, 2012); and 20
FURTHER ORDERED that a copy of this judgment be entered into the 21
administrative records of the involved Lipocine application and Clarus patent. 22

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).

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1
cc (via electronic mail): 2
3
Attorney for Clarus: 4
5
Christopher Griffith 6
Green, Griffith & Borg-Breen LLP 7
cgriffith@greengriffith.com 8
9
Dennis A. Bennett 10
Global Patent Group LLP 11
dennisbennett@globalpatentgroup.com 12
13
Joseph M. Skerpon 14
Banner & Witcoff, Ltd. 15
jskerpon@bannerwitcoff.com 16
17
Attorney for Lipocine: 18
19
Lawrence M. Green 20
Yahua J. Chen 21
WOLF, GREENFIELD & SACKS, P.C. 22
Lgreen-ptab@wolfgreenfield.com 23
Ychen-ptab@wolfgreenfield.com 24