A. Overview of Preliminary Motions
There are five pending preliminary motions. In particular, Shiokawa has four pending
preliminary motions: (1) Corrected Preliminary Motion 1 (seeking priority benefit of earlier filed3
applications); (2) Preliminary Motion 4 (unpatentability of Maienfisch’s claims under 35 U.S.C.
§ 102 and § 103); (3) Preliminary Motion 13 (suppress Maienfisch exhibit 1001); and (4) Preliminary
Motion 14 (suppress Maienfisch exhibits 1005, 1006 and paragraphs 48-49 of Maienfisch exhibit
1001). In contrast, Maienfisch has only one pending preliminary motion, Preliminary Motion 1
(unpatentability of Shiokawa’s claims under 35 U.S.C. § 112, first paragraph for lack of written
description). With the exception of Shiokawa Preliminary Motion 3, all other preliminary motions have
either been withdrawn or have been decided.4
Shiokawa filed Corrected Preliminary Motion 1 to correct an error that occurred in paragraph3
11 of the statement of facts of its Preliminary Motion 1. Specifically, Shiokawa replaced the language
“twenty-one compounds described in the ‘146 patent have a Z group containing one oxygen atom
bonded to CH groups on either side” with “twenty-one compounds described in the ‘146 patent have
2
a Z group consisting of one oxygen atom and two CH groups.” (See Papers 34, 72, 73 and 74).
2
Shiokawa Preliminary Motion 2 (Paper No. 35; unpatentability of Maienfisch’s claims under4
35 U.S.C. § 112, second paragraph; Granted, Paper No. 50).
Shiokawa Preliminary Motion 5 and Supplement to Preliminary Motion 5 (Paper Numbers 38
and 64; substitute or add counts; Withdrawn, Paper No. 124)
Shiokawa Preliminary Motion 6 (Paper No. 39; benefit for proposed count S-1; Withdrawn,
Paper No. 124)
Shiokawa Preliminary Motions 7, 8 and 9 (Paper Numbers 41, 42, 43; add additional
applications; Denied, Paper No. 49)
Shiokawa Preliminary Motions 11 and 12 (Paper Numbers 53 and 56; motions for discovery;
Denied, Paper No. 63).
Maienfisch Preliminary Motion 2 (Paper No. 75; discovery; Granted, Paper No. 78).
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Last modified: November 3, 2007