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Sequenom Inc. Message Board

  • hollandjoey hollandjoey May 7, 2013 1:35 PM Flag

    05-03-2013 Declaration of Interference

    Application Number: 12/178,181 Customer Number: -
    Filing or 371 (c) Date: 07-23-2008 Status: Interference -- Declared by Board of Interferences
    Application Type: Utility Status Date: 05-06-2013

    Sentiment: Strong Buy

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    • """From: Kellogg, Andrew
      Sent: Wednesday, May 22, 2013 9:30 AM
      To: [XXXXXXXXXXXXXXXXXX. all e-mail addresses - don't post on here]
      Subject: 105920, 105922, 105923 & 105924 conference call moved to June 7 at 3:00 pm
      Per your request, the conference call in the above cases has been moved to June 7 at 3:00 pm. . If you
      have any questions, please feel free to contact me.
      Thanks,
      Andrew Kellogg,
      Paralegal
      Patent Trial and Appeal Board
      USPTO"""

      Hmmmm, Friday - after close of the market - LOL - surely just a timing issue :)

      Sentiment: Strong Buy

    • Savvvy investors know.

      Sentiment: Strong Buy

    • This is from March 12th -
      The parties are accorded the following benefit for Count 1:
      9 Lo: 12/614,350, filed 6 November 2009;
      10
      11 12/178,181, filed 23 July 2008.
      12
      13
      14 Quake: 11/701,686, filed 2 February 2007, which issued as Patent
      15 7,888,017, on 05 February 2011.
      16
      17

      Sentiment: Strong Buy

    • """Part E: Identification and order of the parties 5
      Quake is now designated Junior Party and Lo is designated Senior Party. 6
      Party Lo is assigned exhibit numbers 1001-1999. Party Quake is assigned 7 exhibit numbers 2001-2999. 8
      9
      Part F: Count and claims of the parties 10
      Count 1 and the claims of each party that correspond and do not correspond to 11 Count 1 are unchanged. 12
      The parties are accorded the following benefit for Count 1: 13
      Lo: 12/614,350, filed 6 November 2009; 14
      12/178,181, filed 23 July 2008. 15
      Quake: none"""

      Sentiment: Strong Buy

    • Redeclaration from 5-3-13
      ""Quake is now designated Junior Party and Lo is designated Senior Party.""

      Well, NOSEET!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Yea baby.

      Sentiment: Strong Buy

      • 2 Replies to hollandjoey
      • This from an Idenix example - so why did the courts rule to make Lo the senior party?

        ""A patent interference is an administrative proceeding conducted by the USPTO in order to determine which party is entitled to a patent when two or more parties claim patent rights to the same technology. Under current U.S. law, a patent is awarded to the first party to invent a particular technology, subject to certain limitations. The applicant who filed the earlier patent application is referred to as the senior party in the patent interference and the applicant with the later filing date is referred to as the junior party. The junior party bears the burden of proof to demonstrate that it invented the technology in question before the senior party.

        In this case, the USPTO has initially determined that Idenix is the senior party and that Pharmasset Inc. (acquired by Gilead Sciences) is the junior party.""

        Sentiment: Strong Buy

      • At least two parties are involved in an interference proceeding: the inventor(s) or applicant(s) who filed an earlier patent application are called the "senior party", and the other inventor(s) or applicant(s) are called the "junior party". Both parties can be referred as "contestants", but that term is currently more likely to be used to describe the junior party.

        Senior party: Merely being the first to file the application does not grant a party legal protection. It counts only as prima facie evidence that he or she is the first inventor. A senior party can also file a "motion to dissolve interference" to request the dismissal of challenges to its priority.
        Junior party: A party other than the senior party bears the burden of proving that he is the first inventor. The proceeding's administrator considers certain factors, such as the invention's conception date and the inventor's diligence in reducing the invention to practice. Until the 1960s, a junior party was frequently called an "interferant".

        Sentiment: Strong Buy

 
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