Klasen-Memmer et al.v.Matsumura et al.

Patent Trial and Appeal Board

Feb 1, 2018

13806849 (P.T.A.B. Feb. 1, 2018)

BoxInterferences@uspto.gov Filed: February 1, 2018
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

JNC CORPORATION and JNC PETROCHEMICAL CORPORATION
(INVENTORS: YOSHINARI MATSUMURA,
and NORIKATSU HATTORI),
Junior Party,
(Patent 8,808,814)

v.

MERCK PATENT GMBH
(INVENTORS: MELANIE KLASEN-MEMMER,
and SABINE SCHOEN),
Senior Party,
(Application 14/921,603)

Patent Interference No. 106,083
(Technology Center 1700)

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

LANE, Administrative Patent Judge.

JUDGMENT - Bd. R. 127(b)

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Discussion
JNC Corporation and JNC Petrochemical Corporation (JNC) filed a paper
requesting adverse judgment. (JNC Request, Paper 26). While both parties were
authorized to file certain motions (Order Setting Times, Paper 19), each party has
indicated that it does not intend to file any of the motions it was authorized to file.
(Order, Paper 23; Merck Patent GMBH (Merck) notice, Paper 27).
We find it appropriate to grant JNC’s request for adverse judgement.
Bd. R. 127(b).
Order
It is
ORDERED that judgment on priority as to Count 1, the sole count of the
interference, is entered against junior party JNC Corporation and JNC
Petrochemical Corporation and inventors Yoshinari Matsumura, and Norikatsu
Hattori;
FURTHER ORDERED that claims 1-19 of junior party involved patent
8,808,814, which correspond to Count 1, are CANCELLED; 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; and
FURTHER ORDERED that a copy of this judgment be entered into the
administrative records of involved patent 8,808,814 and involved application
14/921,603.

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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cc (via email):

Attorney for JNC:

Sean A. Passino, Esq.
Rachel K. Pilloff, Esq.
HAUPTMAN HAM, LLP
spassino@ipfirm.com
rpilloff@ipfirm.com

Attorney for MERCK:

Brion P. Heaney, Esq.
Csaba Henter, Esq.
MILLEN, WHITE, ZELANO & BRANIGAN, P.C.
heaney@mwzb.com
henter@mwzb.com
lb