Kohl et al.v.Gant et al. V. Kohl et al. V. Gant et al.

Patent Trial and Appeal BoardAug 12, 2014

12461985 (P.T.A.B. Aug. 12, 2014)

-1- Boxinterferences@uspto.gov Tel: 571-272-4683 Filed August 12, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD AUSPEX PHARMACEUTICALS, INC. (7,598,273 and 12/413,323), Junior Party, v. TAKEDA GMBH (12/458,704 and 12/461,985), Senior Party. Patent Interference No. 105,977 (Technology Center 1600) Before Richard E. Schafer, Sally Gardner Lane and Hung H. Bui, Administrative Patent Judges. Lane, Administrative Patent Judge. Judgment– Request for Adverse – Bd.R. 127(b) -2- On 6 August 2014 Auspex Pharmaceuticals, Inc. (Auspex) filed a paper stating that it “abandons the contest with respect to the claims designated as corresponding to the sole count in the subject interference”. (Paper 34 at 2). An abandonment of the contest is construed to as a request for adverse judgment. Bd. R. 127(b) (4). It is ORDERED that judgment on priority as to Count 1 (Declaration (Paper 1) at 3), the sole count of the interference, is entered against junior party Auspex Pharmaceuticals, Inc; FURTHER ORDERED that claims 1-12 of Auspex patent 7,598,273, which claims correspond to Count 1, are CANCELLED; 35 USC 135(a); 1 FURTHER ORDERED that claims 36-70 of Auspex application 12/413,323, which claims correspond to Count 1, are FINALLY REFUSED; 35 USC 135(a); FURTHER ORDERED that the parties are directed to 35 USC 135(c) and to Bd. R. 205 regarding the filing of settlement agreements; and FURTHER ORDERED that a copy of this judgment shall be entered into the administrative record of the involved Auspex patent and application and the involved TAKEDA GMBH applications. 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). -3- Counsel for AUSPEX: JOSEPH M. SKERPON PAUL M. RIVARD, BANNER & WITCOFF, LTD JSKERPON@BANNERWITCOFF.COM PRIVARD@BANNERWITCOFF.COM Counsel for TAKEDA: JOSHUA B.GOLDBERG SHELDON M. MCGEE NATH, GOLDBERG & MEYER JGOLDBERG@NATHLAW.COM SMCGEE@NATHLAW.COM

Kohl et al. V. Gant et al. V. Kohl et al. V. Gant et al.