Pfeifer et al.v.Hillen et al. V. Greferath et al.

Patent Trial and Appeal Board

Feb 9, 2016

11777777 (P.T.A.B. Feb. 9, 2016)

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BoxInterferences@uspto.gov Filed: 9 February 2016
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

AC IMMUNE S.A.
(Ruth Greferath, Andreas Muhs, Andrea Pfeifer,
and Claude Nicolau)
Patent 7,772,375
and
AC IMMUNE S.A. and GENENTECH
(Andrea Pfeifer, Maria Pihlgren, Andreas Muhs,
Ruth Greferath, and Claude Nicolau)
Patent 7,892,544,
Junior Party

v.

ABBVIE INC. and ABBVIE DEUTSCHLAND GMBH & CO. KG
(Heinz Hillen, Stefan Barghom, Boris Labkovsky,
Ulrich Ebert, Adreas Striebinger, and Patrick Keller)
Application 13/188,034,
Senior Party

Patent Interference No. 106,014 (DK)

JUDGMENT – Bd. R. 127(b)

Before FRED E. MCKELVEY, SALLY GARDNER LANE, and
DEBORAH KATZ, Administrative Patent Judges.

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KATZ, Administrative Patent Judge.

Following the Decision on Motions1 (Paper 211) this interference proceeded 1
to a priority phase (Paper 212). Before the stipulated time for filing priority 2
motions, the parties indicated they have settled (Paper 228) and Junior Party 3
(“ACI”) filed a request for adverse judgment (Paper 227). 4
It is ORDERED that claims 1-15 of ACI patent 7,772,375 and claims 1-7, 9- 5
20, and 22-26 of ACI patent 7,892,544 are CANCELED. 35 U.S.C. § 135(a).2 6
In light of ACI’s request for adverse judgment, we need not reach a decision 7
on Senior Party (“AbbVie”) Motion 2, which was deferred in the Decision on 8
Motions. (Paper 211, at 30-32.) 9
It is further ORDERED that a party seeking judicial review timely serve 10
notice on the Director of the United States Patent and Trademark Office. 11
37 C.F.R. §§ 90.1 and 104.2. See also Bd. R. 8(b). Attention is directed to Biogen 12
Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 13
654–57 (Fed. Cir. 2015) (determining that pre-AIA § 146 review was eliminated 14
for interference proceedings declared after September 15, 2012). 15
It is further ORDERED that a copy of this judgment be entered into the 16
administrative records of ACI patents 7,772,375 and 7,892,544 and AbbVie 17
application 13/188,034. 18

1 Senior Party AbbVie’s request for rehearing of portions of our Decision on
Motions was denied. (Paper 215.)
2 Patent interferences continue under the relevant statutes in effect on 15 March
2013, Pub. L. 112-29, § 3(n), 125 Stat. 284, 293 (2011).

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cc (via e-mail):

Attorney for Junior Party AC Immune S.A.

Oliver R. Ashe, Jr.
Ashe, P.C.
oashe@ashepc.com

Jeffrey P. Kushan
Sidley Austin LLP
jkushan@sidley.com

Attorney for Senior Party AbbVie, Inc.

Steven P. O’Connor
M. Paul Barker
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
steven.oconnor@finnegan.com
paul-barker@finnegan.com