Dung et al.v.Buehler et al.Download PDFPatent Trial and Appeal BoardDec 19, 201311915606 (P.T.A.B. Dec. 19, 2013) Copy Citation BoxInterferences@uspto.gov Paper 293 Telephone: 571-272-4683 Entered: 19 December 2013 UNITED STATES PATENT AND TRADEMARK OFFICE PATENT TRIAL AND APPEAL BOARD ____________________ Patent Interference 105,893 McK Technology Center 1600 ____________________ JEN-SEN DUNG, ERNO M. KESKENY and JAMES J. MENCEL, Patent 7,851,482 B2, Junior Party, v. HENRY J. BUEHLER, WILLIAM E. DUMMITT ANTHONY MANNINO, DENNIS C. AUBUCHON and HONG GU, Application 11/915,606, Senior Party. ____________________ Before: FRED E. McKELVEY, RICHARD E. SCHAFER, and DEBORAH KATZ, Administrative Patent Judges. McKELVEY, Administrative Patent Judge. JUDGMENT Upon consideration of Dung Request for Adverse Judgment 1 (Paper 292), it is 2 2 ORDERED that Dung Motion 1 (Paper 103—seeking 1 judgment based on an alleged lack of written description), Dung Motion 2 2 (Paper 104—seeking judgment based on priority), and Buehler Motion 2 3 (Paper 109—seeking judgment based on priority) are dismissed as moot. 4 FURTHER ORDERDED that judgment on priority as to 5 Count 1 (the sole count in the interference; Paper 89, page 7) is awarded 6 against junior part Jen-Sen Dung, Erno M. Keskeny, and James J. Mencel 7 (the real party in interest being Endo Pharmaceuticals, Inc. (Paper 9)). 8 FURTHER ORDERED that Jen-Sen Dung, Erno M. Keskeny, 9 and James J. Mencel and Endo Pharmaceuticals, Inc., are not entitled to a 10 patent containing claims 1-3 and 19-21 (corresponding to Count 1) of: 11 U.S. Patent 7,851,482 B2, 12 issued 14 Dec. 2011, 13 based on application 11/866,840, 14 filed 3 Oct. 2007 15 FURTHER ORDERED that claims 1-3 and 19-21 of U.S. 16 Patent 7,851,482 B2 are cancelled. 35 U.S.C. § 135(a). 17 FURTHER ORDERED that if there is any settlement 18 agreement in addition to that revealed in Paper 79 and Paper 83, attention is 19 directed to 35 U.S.C. § 135(c). 20 FURTHER ORDERED that a copy of this JUDGMENT shall 21 be placed in the files of (1) Dung U.S. Patent 7,851,482 B2 and (2) Buehler 22 application 11/915,606, filed 27 Nov. 2007. 23 FURTHER ORDERED that the Clerk is authorized to distribute 24 the files upon entry of this JUDGMENT. 25 26 27 28 3 Counsel for Dung: 1 2 R. Danny Huntington, Esq. 3 Sharon E. Crane, Ph.D., Esq. 4 ROTHWELL, FIGG, ERNST & MANBECK, P.C. 5 dhuntington@rfem.com 6 scrane@rfem.com 7 8 Counsel for Buehler: 9 10 Todd R. Walters, Esq. 11 Erin M. Dunston, Esq. 12 Christopher L. North, Ph.D., Esq. 13 BUCHANAN INGERSOLL & ROONEY PC 14 todd.walters@bipc.com 15 erin.dunston@bipc.com 16 christopher.north@bipc.com 17 Copy with citationCopy as parenthetical citation