Mail Stop INTERFERENCES Not binding precedent
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UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES
Patent Interference No. 105,307
INCYTE PHARMACEUTICALS, INC.
(5,942,606),
Junior Party,
v.
GENENTECH, INC.
(09/907,942),
Senior Party.
Entered: 16 May 2005
Judgment - Bd. R. 127(b) - Requested
Before SCHAFER, TORCZON, and MOORE, Administrative Patent Judges.
TORCZON, Administrative Patent Judge.
Yesterday at 4 p.m. (Eastern) there was a telephone conference involving
George Quillin for Incyte,1 John Isacson for Genentech, and Richard Torczon for the
Board of Patent Appeals and Interferences. Mr. Quillin stated that Incyte would not be
contesting the interference. On the basis of this statement, it is–
DECIDED that judgment be entered against Incyte for count 1, the sole count;
1 The Board does not yet have a designation of Mr. Quillin pursuant to Bd.R. 108. Moreover, PALM
does not indicate Mr. Quillin has a power of attorney in the underlying patent. Nevertheless, as a registered
practitioner, Mr. Quillin may appear on his own authority. 37 C.F.R. § 1.34. Mr. Quillin stated that a
designation has already been filed, and Mr. Isacson indicated that he had been served a copy. The Board is
acting on Mr. Quillin's representation, but is also mailing a copy to the Incyte's counsel of record in this
interference. Any challenge to Mr. Quillin's authority to act must be made in the form of a request for
rehearing under Bd.R. 127(d).
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