Rudnicki et al.v.Lee et al.

Patent Trial and Appeal BoardDec 5, 2016

14344310 (P.T.A.B. Dec. 5, 2016)

BoxInterferences@uspto.gov Entered: December 5, 2016 Tel: 571-272-9797 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ Michael A. Rudnicki, Conrad Florian Bentzinger, and Radoslav Zinoviev Junior Party 1 (Application 14/344,309), v. Tom Tong Lee, Michael J. Fitch, Kevin Lai, Peter Flynn and Monica Bennett, Junior Party 2 (Application 14/344,310). (Patent Interference No. 106,067)(JTM) (Technology Center 1600) Before: RICHARD E. SCHAFER, ROMULO H. DELMENDO, and JAMES T. MOORE, Administrative Patent Judges. MOORE, Administrative Patent Judge. JUDGMENT 2 In view of Junior Party 2 Leeâ€™s Request for Adverse Judgment filed 1 November 23, 2016 (Paper 17), the Board has determined that there is not 2 sufficient need remaining to proceed to priority in this interference. Accordingly, 3 we exercise our discretion to enter judgment at this time. 4 Accordingly, judgment on priority as to counts one and two shall be entered 5 against Junior Party 2 Lee. 6 It is hereby ORDERED that judgment be entered against junior party Tom 7 Tong Lee, Michael J. Fitch, Kevin Lai, Peter Flynn and Monica Bennett; and real 8 party in interest Fate Therapeutics, Inc., as to both counts one and two; 9 FURTHER ORDERED that claims 97-101; 104-112, and 115 of Lee 10 involved application 14/344,310 be FINALLY REFUSED, 35 U.S.C. Â§ 135(a); 11 FURTHER ORDERED that a copy of this judgment be entered in the 12 administrative record of: 13 (1) Junior Party 2 Lee Application 14/344,310; and 14 (2) Junior Party 1 Rudnicki Application 14/344,309; 15 FURTHER ORDERED that a party seeking judicial review timely serve 16 notice on the Director of the United States Patent and Trademark Office. 37 C.F.R. 17 Â§Â§ 90.1 and 104.2; 18 FURTHER ORDERED that attention is directed to Biogen Idec MA, Inc., v. 19 Japanese Foundation for Cancer Research, 38 F. Supp. 3d. 162 (D. Mass. 2014); 20 FURTHER ORDERED that the parties take notice that any agreement or 21 understanding between parties to an interference, including any collateral 22 agreements referred to therein, made in connection with or in contemplation of the 23 termination of the interference, shall be in writing and a true copy thereof filed in 24 the Patent and Trademark Office before the termination of the interference as 25 3 between the said parties to the agreement or understanding. 35 U.S.C. Â§ 135(c); see 1 also Bd.R. 205 (settlement agreements). 2 3 4 5 cc: 6 7 Rudnicki: 8 9 R. Danny Huntington 10 Seth E. Cockrum, Ph.D. 11 Rothwell, Figg, Ernst & Manbeck, P.C. 12 607 14th St., N.W., Suite 800 13 Washington, DC 20005 14 dhuntington@rfem.com 15 scockrum@rfem.com 16 17 Lee: 18 19 Thomas E. Friebel 20 Jones Day 21 250 Vesey Street 22 New York, NY 10281-1047 23 TEFriebel@JonesDay.com 24 25 David Gay 26 Jones Day 27 12265 El Camino Real, Suite 200 28 San Diego, CA 92130 29 dagay@JonesDay.com 30

Rudnicki et al. V. Lee et al.