United States Federal Circuit
Biogen MA, Inc. v. Japanese Foundation for Cancer Research, 14-1525
In a suit brought in district court, pursuant to 35 U.S.C. section 146, to challenge an interference decision by the Patent Trial and Appeal Board concluding that patent applicant Walter Fiers was estopped from establishing priority in Interference No. 105,939 because he had lost two prior interferences covering the same subject matter, the district court's dismissal for lack of jurisdiction is affirmed where: 1) the Leahy-Smith America Invents Act (AIA), Pub. L. No. 112-29, 125 Stat. 284 (2011), eliminated district court jurisdiction under 35 U.S.C. section 146 with respect to interferences commenced after September 15, 2012; and 2) the Board's priority decision was not erroneous.
Appellate Information
- Decided 05/07/2015
- Published 05/07/2015
Judges
- Dyk
Court
- United States Federal Circuit