FURMAN et al. V. BELLEAU et al. - Page 4





                    11. Findings of Fac                                                                               
                                                  The inteferenc                                                      

             I The interference was declared on 14 April 2000 between Belleau's patent 5,532,24t                      
                    ...246") and Furman's application 07/775,187 187").                                                
             2. We granted Belleau's preliminary motion to add its reissue application 09/585,43 1, filed             
                    2 June 2002, to the interference (Paper 65 at 18).                                                
             3. According to Belleau, Biochem Pharma, Inc. is its real party in interest in the involved              
                    Belleau '246 patent while Glaxo Wellcome is said to have licensing rights in the involved         
                    Belleau patent (Paper 4).                                                                         
             4. Unrecorded agreements are said to exist between Tanaud International, a wholly owned                  
                    subsidiary of Biochem Pharma, and Biochern Pharma by which Tanaud possesses formal                
                    legal title to the '246 patent. Under these agreements, Biochem Pharma is said to have            
                    the right to maintain the '246 patent in its name (Paper 4).                                      
             5. According to Furman, its real party in interest is Glaxo Wellcome, Inc. (Paper 9). It is              
                    our understanding that it is -appropriate to consider Burroughs Wellcome, Inc. to be the          
                    same as Glaxo Wellcome, Inc., at least for purposes of this decision.                             
                                                     The counts                                                       
             6. The interference was declared with the following count, count 1, as the sole count in the             
                    interference (Paper I at 47):                                                                     







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