It is:
ORDERED that judgment on priority as to Count 1, the sole count in
interference (Declaration, Paper 1), is awarded against Junior Party Lundbeck.
FURTHER ORDERED that Junior Party Lundbeck is not entitled to a patent
containing claims 118-120 of Lundbeck, U.S. Application 10/278,437, all of which
correspond to Count 1.
FURTHER ORDERED that a copy of this paper shall be made of record in
the files of Lundbeck, U.S. Application 10/278,437 and Arena Pharmaceuticals,
U.S. Patent 7,108,991 and U.S. Application 11/657,110.
FURTHER ORDERED that the parties’ attention is directed to 35 U.S.C.
§135(c) and Bd. R. 205.
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Last modified: September 9, 2013