Kohl et al.v.Gant et al. V. Kohl et al. V. Gant et al.

Patent Trial and Appeal Board

Aug 12, 2014

12461985 (P.T.A.B. Aug. 12, 2014)

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Boxinterferences@uspto.gov
Tel: 571-272-4683 Filed August 12, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

AUSPEX PHARMACEUTICALS, INC.
(7,598,273 and 12/413,323),
Junior Party,
v.
TAKEDA GMBH
(12/458,704 and 12/461,985),
Senior Party.

Patent Interference No. 105,977
(Technology Center 1600)

Before Richard E. Schafer, Sally Gardner Lane and Hung H. Bui, Administrative
Patent Judges.

Lane, Administrative Patent Judge.

Judgment– Request for Adverse – Bd.R. 127(b)

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On 6 August 2014 Auspex Pharmaceuticals, Inc. (Auspex) filed a paper
stating that it “abandons the contest with respect to the claims designated as
corresponding to the sole count in the subject interference”. (Paper 34 at 2). An
abandonment of the contest is construed to as a request for adverse judgment. Bd.
R. 127(b) (4).
It is
ORDERED that judgment on priority as to Count 1 (Declaration
(Paper 1) at 3), the sole count of the interference, is entered against junior party
Auspex Pharmaceuticals, Inc;
FURTHER ORDERED that claims 1-12 of Auspex patent 7,598,273,
which claims correspond to Count 1, are CANCELLED; 35 USC 135(a);
1

FURTHER ORDERED that claims 36-70 of Auspex application
12/413,323, which claims correspond to Count 1, are FINALLY REFUSED; 35
USC 135(a);
FURTHER ORDERED that the parties are directed to 35 USC 135(c)
and to Bd. R. 205 regarding the filing of settlement agreements; and
FURTHER ORDERED that a copy of this judgment shall be entered
into the administrative record of the involved Auspex patent and application and
the involved TAKEDA GMBH applications.

1 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).

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Counsel for AUSPEX:

JOSEPH M. SKERPON
PAUL M. RIVARD,
BANNER & WITCOFF, LTD
JSKERPON@BANNERWITCOFF.COM
PRIVARD@BANNERWITCOFF.COM

Counsel for TAKEDA:

JOSHUA B.GOLDBERG
SHELDON M. MCGEE
NATH, GOLDBERG & MEYER
JGOLDBERG@NATHLAW.COM
SMCGEE@NATHLAW.COM