Category Archives: Interference

Board interference decision finding UW to be senior party affirmed based on proper claim construction

Posted on November 5, 2020 by Patrick J. Halloran, Ph.D., J.D.

Chevron U.S.A. Inc. v. University of Wyoming Corp. et al. Docket No. 2019-1530 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1530.OPINION.11-4-2020_1680467.pdf) NEWMAN, LOURIE, SCHALL November 4, 2020 Brief Summary:  Board interference decision finding UW to be senior party affirmed based on proper claim construction. Summary:  Chevron appealed … Continue reading →

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Federal Circuit affirms Board decision finding chromosomal abnormality testing claims lack written description affirmed

Posted on July 11, 2019 by Patrick J. Halloran, Ph.D., J.D.

Stephen Quake, et al. v. Yuk-Ming Dennis Lo, et al. Docket Nos. 2018-1779, -1780, -1782 Reyna, Chen, Hughes July 10, 2019 Brief Summary: Board finding of no WD of chromosomal abnormality testing claims affirmed. Summary: Quake appealed Board decision finding … Continue reading →

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FWP IP APS v. Biogen MA, Inc.

Posted on October 29, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-2109 PROST, WALLACH, CHEN October 24, 2018 Non-precedential Brief summary: Board interference decision of no WD of claimed MS treatment in FWP’s specification affirmed (e.g., “the inventors…had not yet firmly concluded”). Summary: FWP appealed Board interference decision that … Continue reading →

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Regents of The University of California, University of Vienna, Emmanuelle Charpentier (“UC”) v. Broad Institute, Inc., Mass. Inst. Tech., Fellows of Harvard College (“Broad”)

Posted on September 11, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-1907 PROST, SCHALL, MOORE September 10, 2018 Brief summary: FC panel affirmed the Board’s judgment of no interference-in-fact between UC’s and Broad’s claims, also stating that this “is not a ruling on the validity of either set of … Continue reading →

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The General Hospital Corporation v. Sienna Biopharmaceuticals, Inc.

Posted on May 9, 2018 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-1012 MOORE, REYNA, TARANTO May 4, 2018 Brief summary: PTAB claim construction affirmed but denial of GHC’s motion to introduce a new claim vacated and remanded. Summary: GHC appealed PTAB dismissal of an interference (with Sienna’s US 8,821,941) … Continue reading →

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The Board of Trustees of the Leland Stanford Junior University (“Stanford”) v. The Chinese University of Hong Kong

Posted on June 28, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-2011 O’MALLEY, REYNA, CHEN June 27, 2017 Brief Summary: Board interference decision of no written description vacated and remanded because, e.g., it erred in relying on “conclusions about the Roche 454 platform to conclude that Illumia teaches only … Continue reading →

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Richard Storer et al. v. Jeremy Clark and United States (intervenor)

Posted on June 22, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-1802 (appeal from PTAB No. 105,981) PROST, NEWMAN, DYK June 21, 2017 Brief Summary: Board interference decision that Storer’s (Idenix’s) provisional application was not enabled for the claims affirmed because, e.g., “the art, at least with respect to … Continue reading →

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Purdue Pharma L.P. v. Recro Technology, LLC

Posted on June 14, 2017 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2016-22260 DYK, BRYSON, CHEN June 13, 2017 Non-precedential Brief Summary: Board’s decision of lack of written description affirmed (“a description that merely renders the invention obvious does not satisfy the [WD] requirement”). Summary: Purdue appealed PTAB refusal of … Continue reading →

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ULF Bamberg et al. v. Jodi A. Dalvey et al.

Posted on March 17, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2015-1548 MOORE, HUGHES, STOLL March 9, 2016 Brief Summary: Board decision in an interference that Bamberg’s specification did not disclose the claimed subject matter (“Bamberg…specifically distinguished white layers that melt below 220oC as producing an ‘undesired’ result”) and … Continue reading →

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Stephen P. Troy, Jr. v. Samson Manufacturing Corporation

Posted on July 16, 2014 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2013-1565 PROST, BRYSON, MOORE July 11, 2014 Brief Summary: DC decision regarding § 146 interferences vacated and remaned because US Supreme Court Hyatt decision “permits new evidence to be admitted without regard to whether the issue was raised … Continue reading →

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