Interference No. 104,717 Paper 30
Laudano v. Dana-Farber Cancer Inst., Inc. Page 3
non-phosphorylated peptide, or a protein containing said non-phosphorylated
peptide, or for the phosphoamino acid of said peptide.
Count 5: Isolated antibody that specifically binds to a reversible phosphorylation
site of the c-erbB-2 receptor in its active form but [is] not specific for the inactive
form of said c-erbB-2 receptor, or for the phosphoamino acid of said peptide.
[4] According to the parties, the following claims correspond to illustrative counts 3 and 4
(Paper 29, App. A):
Count 3 Count 5
38-43, 47-57, 60-62, and 67- 40, 41, 54, 55, 59, 68, and
Laudano
69 69
DFCI None None
[5] According to the parties, illustrative count 3 is generic to the other (actual and illustrative)
counts and illustrative count 5 is generic to count 6 (Paper 29, App. A).
[6] According to the parties, Laudano reduced to practice a species within the scope of counts 3
and 5--but not within the scope of counts 4, 6, or 7--prior to DFCI's earliest reduction to practice
of a species within the scope of count 4, 6, or 7. On the basis of these different priority proofs,
Laudano concedes priority for counts 4, 6, and 7 and DFCI concedes priority for illustrative
counts 3 and 5 (Paper 29 at 5).
[7] The parties would like the effect of these concessions to be that DFCI is entitled to all of its
involved claims and Laudano would be entitled to its generic claims and its species claims
corresponding to illustrative count 5, but not for its species claims corresponding counts 4, 6,
or 7 (Paper 29 at 2).
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