Huse et al.v.HUSE

Board of Patent Appeals and Interferences

Sep 23, 2011

08464136 (B.P.A.I. Sep. 23, 2011)

BoxInterferences@uspto.gov Paper 12
Telephone: 571-272-4683 ENTERED: 23 September 2011

UNITED STATES PATENT AND TRADEMARK OFFICE
BOARD OF PATENT APPEALS AND INTERFERENCES

Patent Interference No. 105,849

IXSYS, INCORPORATED
(5,698,426),
Junior Party,

v.

SCRIPPS RESEARCH INSTITUTE,
Medical Research Council and Stratagene
(11/560,769),
Senior Party.

Before: FRED E. McKELVEY, JAMESON LEE and RICHARD
TORCZON, Administrative Patent Judges.

TORCZON, Administrative Patent Judge.

JUDGMENT
Bd.R. 127(b)
on request

Interference No. 105,849 Page 2

NOTICE: "Any agreement or understanding between parties to an
interference, including any collateral agreements referred to therein, made in
connection with or in contemplation of the termination of the interference,
shall be in writing and a true copy thereof filed in the Patent and Trademark
Office before the termination of the interference as between the said parties
to the agreement or understanding." 35 U.S.C. 135(c); see also Bd.R. 205
(settlement agreements).
The junior party
1
disclaims all of the claims of its involved patent and
requests adverse judgment.
2
Accordingly—

Judgment is entered against the junior party for the invention of
count 1, the sole count,
3
and
Claims 1-10 of the 5,698,426 patent are CANCELED.
4

A copy of this judgment will be entered in the administrative records of the
involved patent and the involved application.

cc:

Alejandro Martinez, ELI LILLY & CO., of Indianapolis, Indiana.

David W. Clough and William J. Matney, MORGAN, LEWIS & BOCKIUS LLP,
of Washington, D.C.

1
The junior party has filed papers showing an assignment to Applied
Molecular Evolution, Inc., although Eli Lilly & Co. filed the assignment and
its lawyer has appeared as counsel for the junior party. The junior party for
the purposes of this judgment is the inventive entity of the 5,698,426 patent,
including his successors in interest.
2
Paper 11.
3
Paper 1 at 3.
4
35 U.S.C. 135(a).