A. Discussion
Ms. Yolunda Townes, a paralegal specialist in the Trial
Section recently had a phone conversation with Mr. Aldo A.
Algieri, a registered practitioner representing Bristol-Myers
Squibb Co., assignee of the Takaki patent involved in the
interference. During the telephone conversation, Mr. Algieri
advised Ms. Townes that Takaki and Bristol-Myers Squibb Co.
have elected not to pursue the interference.
Since the involved Takaki patent is junior to the
involved Ohkawa application and Takaki and Bristol-Myers
Squibb Co. do not intend to pursue the interference, it is
appropriate to enter a judgment.
B. JUDGMENT
Upon consideration of the record, including the telephone
conversation between Ms. Townes and Mr. Algieri, it is
ORDERED that judgment on priority as to Count 1, the
sole count in the interference, is awarded against junior
party KATHERINE S. TAKAKI, BRETT T. WATSON, GRAHAM S.
POINDEXTER and JAMES R. EPPERSON.
FURTHER ORDERED that junior party KATHERINE S.
TAKAKI, BRETT T. WATSON, GRAHAM S. POINDEXTER and JAMES R.
EPPERSON is not entitled to a patent containing claims 1-3, 12
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Last modified: November 3, 2007