Tuesday, November 05, 2013

"The isolated protein of 6,268,480 "


Appellee Pfizer wins interference against appeal by Sanofi


In accordance with the applicable law,
3 the patent is awarded to the first party to conceive and reduce
to practice the invention represented by the interference count.
See Cooper v. Goldfarb, 154 F.3d 1321, 1327 (Fed.
Cir. 1998)
(“priority of invention goes to the first party
to reduce an invention to practice unless the other party
can show that it was the first to conceive of the invention
and that it exercised reasonable diligence in later reduc-
ing that invention to practice.”).
This law is impl
emented in
accordance with
rules and precedent, administered by
the PTO Board
(“Board”)
.
On appeal to the Federal
Circuit, we
revie
w the Board’s rulings of
law for correc
t-
ness, and factual findings for support by substantial
evidence.
See
Dawson v. Dawson, 710 F.3d 1347, 1353
(Fed. Cir. 2013)

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