Lephart et al.v.Setchell et al.

Patent Trial and Appeal Board

Dec 19, 2014

12572791 (P.T.A.B. Dec. 19, 2014)

Filed December 19, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES

EDWIN DOUGLAS LEPHART,
TRENT D. LUND, KENNETH DAVID REGINALD SETCHELL,
AND ROBERT J. HANDA
Junior Party,
(Patent 8,153,684)

v.

KENNETH DAVID REGINALD SETCHELL
AND SIDNEY JOHN COLE,

Senior Party,
(Patents 10/625,989)

Patent Interference No. 105,950
(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)

2

In view of the Decision on Motions (Decision, Paper 267 ), it is 1
ORDERED that judgment on priority as to Count 1 (Declaration 2
(Paper 1) at 4), the sole count of the interference, is entered against junior party 3
EDWIN DOUGLAS LEPHART, TRENT D. LUND, KENNETH DAVID 4
REGINALD SETCHELL, and ROBERT J. HANDA; 5
FURTHER ORDERED that claims 1-14 of junior party 6
patent 8,153,684, which claims correspond to Count 1, are CANCELLED; 7
35 USC § 135(a);
1
8
FURTHER ORDERED that the parties are directed to 35 USC 9
§ 135(c) and to Bd. R. 205 regarding the filing of settlement agreements; and 10
FURTHER ORDERED that a copy of this judgment shall be entered 11
into the administrative record of the involved junior party patent and the involved 12
senior party application; 13
FURTHER ORDERED that, if a party seeks judicial review, the party 14
must file a notice with the Board within seven days of initiating judicial review. 15
Bd. R. 41.8(b)). We direct the parties’ attention to Biogen Idec MA, Inc., v. 16
Japanese Foundation for Cancer Research, 2014 WL 2167677 (D.Mass. 2014). 17
18
19

1 Any reference to a statute is to the 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): 1
2
Attorney for Lephart: 3
4
Jennifer M. McCallum, Ph.D., Esq. 5
The McCallum Law Firm, P.C. 6
jmccallum@mccallumlaw.net 7
8
Peter Shakula, Esq. 9
Wood Phillips 10
pjshakula@woodphillips.com 11
12
Attorney for Setchell: 13
14
R. Danny Huntington, Esq. 15
Sharon E. Crane, Ph.D., Esq. 16
Rothwell, Figg, Ernst & Manbeck, P.C. 17
dhuntington@rfem.com 18
scrane@rfem.com 19