Pastorio et al.v.Levin et al.Download PDFPatent Trial and Appeal BoardMar 16, 201613926389 (P.T.A.B. Mar. 16, 2016) Copy Citation BoxInterferences@uspto.gov Paper 260 Tel: 571-272-4683 Entered: March 16, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ANAI LEVIN and MICHAEL GRABARNICK, Junior Party, (Application 13/926,389) v. ANDREA PASTORIO and PAOLO BETTI Senior Party, (Patent 8,304,559) Patent Interference No. 105,995 (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 A decision denying the junior party Levin motion for judgment on priority (Levin Priority Motion, Paper 174) and motion for judgment that the Pastorio involved claims are unpatentable (Levin Motion 4, Paper 175) has been entered. (Decision, Paper 259). In view of the Decision, judgment on priority is entered against Levin. Order It is ORDERED that judgment on priority is entered against junior party Levin as to Count 2, the sole Count of the interference (Redeclaration 2, Paper 145, at 3); FURTHER ORDERED that claims 1-10 of Levin application 13/926,389, which correspond to Count 2, are FINALLY REFUSED. 35 U.S.C. § 135(a);1 FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and Bd. R. 205 regarding the filing of settlement agreements; FURTHER ORDERED that a party seeking judicial review timely serve notice on the Director of the United States Patent and Trademark Office. 37 C.F.R. §§ 90.1 and 104.2. See also Bd. R. 8(b). Attention is directed to Biogen Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 654–57 (Fed. Cir. 2015) (determining that pre-AIA § 146 review was eliminated for interference proceedings declared after September 15, 2012); and FURTHER ORDERED that a copy of this judgment be entered into the administrative records of the involved Levin application and Pastorio patent. 1 Any reference to a statute in this Judgment 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): Attorney for Levin: Gary J. Gershik Norman H. Zivin COOPER & DUNHAM, LLP ggershik@cooperdunham.com nzivin@cooperdunham.com Attorney for Pastorio: E. Anthony Figg R. Danny Huntington ROTHWELL, FIGG, ERNST & MANBECK, P.C. efigg@rfem.com dhuntington@rfem.com Copy with citationCopy as parenthetical citation