Jetti et al.v.Reddy et al.

Patent Trial and Appeal Board

Oct 14, 2015

14125386 (P.T.A.B. Oct. 14, 2015)

BoxInterferences@uspto.gov Entered: 14 October 2015 Filed ____
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

HETERO RESEARCH FOUNDATION
(Inventors: Bandi Parthasaradhi Reddy, Kura Rathnakar Reddy, Dasari
Muralidhara Reddy, Kesireddy Sugash Chander Reddy, and Bandi Vamsi Krishna)

Junior Party
(Application 14/125,386),

v.
MYLAN PHARMACEUTICALS, LTD.
(Inventors: Ramakoteswara Rao Jetti, Neelima Bhagavatula,
and Asha Rani Gorantla)

Senior Party
(Patent 8,993,786).

Patent Interference No. 106,034 (DK)
(Technology Center 1600)

JUDGMENT
37 C.F.R. § 41.127(b)(4)

Before SALLY GARDNER LANE, DEBORAH KATZ, and HUNG H. BUI,
Administrative Patent Judges.

KATZ, Administrative Patent Judge.

Junior Party Hetero Research Foundation has failed to show cause
why judgment should not be entered against it, after failing to identify counsel or

-2-
filing any mandatory notices. (See Order to Show Cause, Paper 10.) Accordingly,
judgment is entered against Junior Party.
It is ORDERED that claims 1-7 and 13 of Junior Party’s application
14/125,386 are FINALLY REFUSED. 35 U.S.C. § 135(a).
It is FURTHER ORDERED that attention is directed to 35 U.S.C. § 135(c)
and 37 C.F.R. § 41.205 regarding the filing of settlement agreements.
It is FURTHER ORDERED that a copy of this judgment shall be placed in
the files of (1) Hetero Research Foundation application 14/125,386, and (2) Mylan
Pharmaceuticals, Ltd. patent 8,993,786.

cc:
Attorney for Junior Party Hetero:
(via e-mail and overnight delivery)
Andrew C. Ryan
Cantor Colburn LLP
20 Church Street
22nd Floor
Hartford, CT 06103
aryan@cantorcolburn.com

Attorney for Senior Party Mylan:

(via e-mail)
Samir Patel
Andrew Morrell
Stephen Montgomery
1000 Mylan Blvd.
Canonsburg, PA 15317
Samir.Patel@Mylan.com
Stephen.Montgomery@Mylan.com
Andrew.Morrell@Mylan.com