Soutar et al.v.Redline et al. V. REDLINE et al.

Patent Trials and Appeals Board

Aug 29, 2014

09821205 - (J) (P.T.A.B. Aug. 29, 2014)

BoxInterferences@uspto.gov Entered: August 29, 2014
Tel: 571-272-4683

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

PATENT TRIAL AND APPEAL BOARD
_______________

MacDermid, Inc.,
Junior Party
(Patents 6,200,451 and 6,544,397
Inventors: Ronald Redline, David Sawoska, Peter Kukanskis,
Donald Ferrier, and Eric Yakobson),

v.

Enthone, Inc.,
Senior Party
(Application 10/099,936
Inventors: Andrew Mcintosh Soutar and
Peter Thomas Mcgrath).

Patent Interference 105,954 (RES)
(Technology Center 1700)

Before FRED E. McKELVEY, RICHARD E. SCHAFER, and
HUNG H. BUI, Administrative Patent Judges.

SCHAFER, Administrative Patent Judge.

Judgment - Request for Adverse - 37 C.F.R. § 41.127(b)
Junior Party MacDermid, Inc. has filed a request for adverse judgment as to 1
the subject matter of Count 2. Paper 26. We grant the request. 2
3
2

Accordingly, it is 1
ORDERED that judgment on priority as to the subject matter of Count 2 2
(Paper 24, p. 2) is awarded against the junior party, MacDermid, Inc.; 3
FURTHER ORDERED that MacDermid, Inc. is not entitled to a patent 4
on the subject matter of claims 1-12 of Patent 6,200,451 and claims 1-11 of 5
Patent 6,554,397; 6
FURTHER ORDERED that claims 1-12 of Patent 6,200,451 and 7
claims 1-11 of Patent 6,554,397, all corresponding to Count 2, are cancelled 8
(35 U.S.C. § 135(a) (2006)); 9
FURTHER ORDERED that a copy of this judgment be made of record in 10
the files of Patents 6,200,451 and 6,544,397 and Application 10/099,936; and 11
FURTHER ORDERED that any decision on substantive motions in this 12
interference merges with and becomes part of this judgment; 13
FURTHER ORDERED that if there is any settlement agreement or related 14
documents which have not been filed, attention is directed to 35 U.S.C. § 135(c) 15
(2006) and 37 CFR § 41.205; 16
FURTHER ORDERED that if a party seeks judicial review, the party must 17
file a notice with the Board (37 C.F.R. § 41.8(b)) within seven days of initiating 18
judicial review. 19
We also direct the parties’ attention to Biogen Idec MA, Inc., v. Japanese 20
Foundation for Cancer Research, 2014 WL 2167677 (D.Mass. 2014). 21
3

cc: electronic transmission
Counsel for Enthone:

John K. Roedel, Jr., Esq.
Marc W. Vander Tuig, Esq.
Senniger Powers LLP
100 North Broadway, 17th Floor
St. Louis, MO 63102
Tel: (314) 345-7000
Fax: (314) 345-7600
Counsel for MacDermid:

John L. Cordani, Esq.
Arthur Schaier, Esq.
Carmody & Torrance LLP
50 Leavenworth St.
Waterbury, CT 06702
Tel: (203) 784-3110
Fax: (203) 784-3199
mvandertuig@senniger.com jlcordani@carmodylaw.com
jroedel@senniger.com aschaier@carmody.com