Pascalv.PLATTEEUW et al.

Patent Trials and Appeals Board

Feb 28, 2019

15426209 - (J) (P.T.A.B. Feb. 28, 2019)

BoxInterferences@uspto.gov Filed: February 28, 2019
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

JEAN-CLAUDE PASCAL,
(Patent 8,987,484)

v.

JOHANNES JAN PLATTEEUW,
HERMAN JAN TIJMEN COELINGH BENNINK,
FRANCISCUS WILHELMUS PETRUS DAMEN,
and MICHIEL CHRISTIAN ALEXANDER VAN VLIET
(Application 15/426,209)

Patent Interference 106,105 (SGL)
(Technology Center 1600)

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

LANE, Administrative Patent Judge.

Judgment - Bd.R. 127(b)

2

Senior party Platteeuw1 has filed a paper in which it cancels all its involved 1
claims and requests adverse judgment. Bd. R. 127(b). (Paper 11). The request is 2
granted. 3
It is 4
ORDERED that judgment on priority of invention as to Count 1 5
(Declaration, Paper 1, 3), the sole count of the interference, is entered against senior 6
party Platteeuw; 7
FURTHER ORDERED that the senior party claims corresponding to 8
Count 1, i.e., claims 1, 2, 9 and 15 of application 15/426,209 (Paper 1, 4), are 9
cancelled and FINALLY REFUSED; 35 U.S.C. § 135(a);2 10
FURTHER ORDERED that the parties are directed to 35 U.S.C. 11
§ 135(c) and to Bd. R. 205 regarding the filing of settlement agreements; and 12
FURTHER ORDERED that a copy of this judgment shall be entered 13
into the administrative record of the involved junior party patent and the involved 14
senior party application. 15

1 The record indicates that a real party-in-interest for each party is Mithra
Pharmaceuticals SA. (Pascal Real Party Notice, Paper 8) (“Junior Party Pascal
notifies the Board that its real party in interest is Estetra S.P.R.L. (the assignee of
record of involved U.S. Patent No. 8,987,484) and Mithra Pharmaceuticals SA,
which wholly owns Estetra.”); (Platteeuw Real Party Notice, Paper 4) (“Party
Platteeuw notifies the Board that its real party in interest is Donesta Bioscience
B.V., the assignee of record of involved U.S. Application 15/426,209, and Mithra
Pharmaceuticals S.A., which wholly owns Donesta”).
2 Any reference to a statute is to 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 mail):

Attorney for Junior Party Pascal and Senior Party Platteeuw:

George E. Quillin
Sunit Talapatra
FOLEY & LARDNER LLP
gquillin@foley.com
stalapatra@foley.com