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Sequenom Inc. Message Board

  • sqnm2explode sqnm2explode May 29, 2013 6:58 PM Flag


    There are four interference numbers Lo vs Quake. Lo is only in one of them the senior party. Can somebody enlighten us what that specifically means. I'm not worried about the ip situation but would like to know.

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    • Pull the March 25th Idenix Pharmaceutical transcript in Seeking Alpha. Deals with a conference call their CEO made in regards to a very similar patent interference conference call. Not that our CEO would ever give us an instant status on the June 7th patent call. By the way, we should be able to see the filings regarding their claims on Wed, Quake and Lo exhibits are due 4 days prior to actual call (7th).

      Sentiment: Strong Buy

      • 1 Reply to hollandjoey
      • Operator

        (Operator Instructions). Our first question comes from Matt Roden of UBS. Your line is now open.

        Matt Roden - UBS
        Great. Thanks for taking the questions. Good morning, everybody. First, I would like to understand maybe, Ron, if you can clarify why the USPTO initially assigned Idenix as the senior party and then having gone through the first phase it's reversed its position? Can you help us with what's changed and what's the right to think about that?

        Ronald Renaud - President and Chief Executive Officer
        Sure. I also have with me on the call, Maria Stahl, who is our General Counsel. I'll let her take that question.

        Maria Stahl - Senior Vice President and General Counsel
        So, the reason that we were initially deemed to be the senior party was based upon a 2002 application date, and following it to the [first] phase the specifics frankly of which we really can't get into, the patent board determined that we could not rely on that 2002 date and instead, we could rely on a date that was later than the Gilead application date which they could rely on, and so that was the reason for the reversal.

        Ronald Renaud - President and Chief Executive Officer
        So, Matt, generally at the outset, when the interference is declared it's basically looking at the two original patents. And on the face of both of those patents they have application and granted dates, so it really goes off of the pace of those dates. And then as Maria pointed out, through the deliberations that deliberation determines which dates you can get the benefit of.

        Sentiment: Strong Buy

    • "I try to catch them right on the tip of his nose, because I try to punch the bone into the brain."

      Mike Tyson

    • Three of those interference proceedings relate to Quake patents. In one, the PTAB has reconsidered a prior ruling naming Quake as senior party and now names Lo as Senior party. This means that the Lo patent is presumed to be prior in time to the Quake patent. Quake now has the burden of presenting evidence to overcome the presumption. In law we would say that Quake bears the burden of proof and if he fails to meet that burden, Lo wins without presenting any evidence.

      Lo has filed motions to reconsider the findings that Quake is the senior party in the two other interference proceedings with Quake. Unless there is something radically different between these two patents and the one in which Lo is now senior, one might anticipate a similar outcome.

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