Lahm et al.v.Heckeroth et al.

Patent Trial and Appeal Board

Mar 26, 2015

12663848 (P.T.A.B. Mar. 26, 2015)

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BoxInterferences@uspto.gov Filed March 26, 2015
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

ANJA REGINA HECKEROTH,
JURGEN LUTZ,
CHRISTINA MERTENS,
HEIKE WILLIAMS, HARTMUT ZOLLER,
and TAKESHI MITA,
Junior Party,
(Patent 12/673,722)

v.

GEORGE PHILIP LAHM,
JEFFREY KEITH LONG, and
MING XU,
Senior Party,
(Application 12/663,848)

Patent Interference No. 106,016
(Technology Center 1600)

Before: RICHARD E. SCHAFER, SALLY GARDNER LANE, and DEBORAH
KATZ, Administrative Patent Judges.

LANE, Administrative Patent Judge.

Judgment - Bd.R. 127(a)

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In view of the Decision on Motion and Show Cause Order (Decision, Paper
112), it is
ORDERED that judgment on priority as to Count 1 (Declaration
(Paper 1) at 4), the sole count of the interference, is entered against junior party
ANJA REGINA HECKEROTH, JURGEN LUTZ, CHRISTINA MERTENS,
HEIKE WILLIAMS, HARTMUT ZOLLER, and TAKESHI MITA;
FURTHER ORDERED that claims 36-40 of junior party application
12/673,722, which claims correspond to Count 1, are FINALLY REFUSED; 35
USC § 135(a);
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FURTHER ORDERED that the parties are directed to 35 USC §
135(c) and to Bd. R. 205 regarding the filing of settlement agreements;
FURTHER ORDERED that a copy of this judgment shall be entered
into the administrative record of the involved junior party application and the
involved senior party application; and
FURTHER ORDERED that, if a party seeks judicial review, the party
must file a notice with the Board within seven days of initiating judicial review. Bd.
R. 41.8(b). We direct the parties’ attention to Biogen Idec MA, Inc., v. Japanese
Foundation for Cancer Research, 38 F. Supp. 3d 162 (D.Mass. 2014).

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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cc (via electronic mail):

Attorney for Heckeroth:

Janelle D. Waack
janelle.waack@novakdruce.com

David J. Kerwick
David.kerwick@merck.com

Attorney for Lahm:

Charles L. Gholz
cgholz@oblon.com

Scott A. McKeown
Cpdocketmckeown.com