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Interference No. 104,522 Paper108
Nichols v. Tabakoff Page 62
V. the letter of March 17, 1997 (Ex 2006)
This letter suggests that a "major squabble" (Ex 2006, p. 2, last 1) was
developing between Tabakoff and Nichols.
111. Dr. Tabakoff wrote:
I reiterate that the original idea to generate the
dichlorodiphenylureidokynurenates belonged to me ... I do not argue the
fact that you and Al Nichols, when asked, generated the synthetic scheme
by which the kynurenate derivatives were synthesized .... [Ex 2006, p . 1,
If you and Al wish to patent the chemical synthesis of the
kynurenate derivatives, I certainly will not stand in your way... Given the
information we have shared with you, it should be clear that not only the
original idea, but its reduction to practice, has been pursued successfully
in our laboratories. [Ex 2006, p. 1, 12.]
Again, the letter of March 17, 1997 is not inconsistent with a good faith
disagreement over joint inventorship of Tabakoffs claimed compounds or with Nichols
inventorship of a possibly patentable method of synthesizing 4-urea kynurenates.
vi. the letter of April 17, 1997 (Ex 2007)
112. Dr. Tabakoff refers to "the route of synthesis for the DCUKs [dichloro-diphenyl
ureido-kynurenates] as developed by you [Dr. Yielding] and Al Nichols" (Ex 2007, p. 2,
11); a possible "'prior art' [issue] with regard to patents already filed by Merck" (Ld., p.
2, 12), and states:
In terms of inventorship and other business-related issues, I would
want the following: Given that the idea for the DCUKs originated with me,
and given that I directed the work in our laboratories on establishing the
biological activity of these compounds, I would like my name to appear
first on a list of inventors. This would be followed by the names of A]
Nichols, Lawrence Snell, and you and Paula Hoffman. That patent would
be assigned to Lochocla Research Corporation. Lohocla would enter into
a contractual agreement with Yielding and Daugherty Research
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