1091, 1093-1094, 1095, 1095A, 1095B, 1112, 1113, and 1114 as a basis for our decision.
Accordingly, we need not and have not decided Glaxo miscellaneous motion 10. Glaxo
miscellaneous motion 10 is DISMISSED as moot.
Glaxo miscellaneous motion 11
Glaxo miscellaneous motion 11 is treated as a motion to suppress evidence (FF 23).
Glaxo moves to suppress specific portions of Cabilly Exhibits 1100, 1120, 1121, and 1124
(Paper 177 at 2). We have not relied upon the portions of Cabilly Exhibits 1100, 1120, 1121,
and 1124 that Glaxo seeks to suppress as a basis for our decision. Accordingly, we need not and
have not decided Glaxo miscellaneous motion 11. Glaxo miscellaneous motion 11 is
DISMISSED as moot.
Glaxo miscellaneous motion 12
Glaxo miscellaneous motion 12 is treated as a motion to suppress evidence (FF 23).
Glaxo moves to suppress Cabilly specific portions of Cabilly Exhibits 1100, 1167, 1120, 1169,
1121, 1168, 1124, 1165, 1166, and 1172 (Paper 178 at 2-3). We have not relied upon the
portions of Cabilly Exhibits 1100, 1167, 1120, 1169, 1121, 1168, 1124, 1165, 1166, and 1172
that Glaxo seeks to suppress as a basis for our decision. Accordingly, we need not and have not
decided Glaxo miscellaneous motion 12. Glaxo miscellaneous motion 12 is DISMISSED as
moot.
D. Cabilly preliminary and other motions
Cabilly preliminary motions 1-6
Cabilly preliminary motions 1-6 seek judgment that the Glaxo involved claims are
unpatentable. Since Glaxo cannot prevail on priority in the interference, we need not and have
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