1 HGS responded. Paper 115. For the reasons given in the Decision - Order
2 to Show Cause entered concurrently herewith (Paper 134), it is
3 ORDERED that judgment as to Count 1 (the sole count in the
4 interference; Paper 1, page 6) is awarded against Junior Party HUMAN
5 GENOME SCIENCES;
6 FURTHER ORDERED that HUMAN GENOME SCIENCES claims
7 35, 36, 38-45, 47-54, 56-61, 75, 83, 92, 99, 100, 102-109, 111-116, 127-133,
8 168-178, 180-203 are unpatentable over priori art 35 U.S.C. § 102(e));
9 FURTHER ORDERED that Junior Party HUMAN GENOME
10 SCIENCES is not entitled to a patent containing claims 35, 36, 38-45, 47-54,
11 56-61, 75, 83, 92, 99, 100, 102-109, 111-116, 127-133, 168-178, 180-203 of
12 Application 10/005,842 (corresponding to Count 1);
13 FURTHER ORDERED that if there is a settlement agreement,
14 attention is directed to 35 U.S.C. § 135(c);
15 FURTHER ORDERED that a copy of this JUDGMENT shall be
16 placed in the files of (1) Application 10/005,842 and (2) Patent 6,642,358;
17 and
2
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Last modified: September 9, 2013