United States Federal Circuit

In an interference, grant of a motion for judgment by a junior party that 35 U.S.C. section 135(b)(1) barred a senior party's sole claim interfering with a patent involving compositions and their use to minimize allergic reactions is affirmed where the Board of Patent Appeals and Interferences properly construed 35 U.S.C. section 135(b)(1).

Appellate Information

• Decided 07/17/2006
• Published 07/17/2006

Judges

• RADER, Circuit Judge., Before RADER, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• R. Danny Huntington, Bingham McCutchen LLP, of Washington, DC, argued for appellant.   With him on the brief was Malcolm K. McGowan.


• For Appellees:
  
• Lawrence M. Green, Wolf, Greenfield & Sacks, P.C., of Boston, Massachusetts, argued for appellees, University of Iowa Research Foundation, et al.   With him on the brief were Edward R. Gates, John R. Van Amsterdam, and Laura Topper., Erica A. Franklin, Attorney, Intellectual Property Section, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee, The United States of America.   With her on the notice of joinder were Peter D. Keisler, Assistant Attorney General, and John Fargo, Director.   Of counsel was Susan L.C. Mitchell.