Intellectual Property News and Reports

RADER, Circuit Judge.

The Board of Patent Appeals and Interferences (the Board) of the United States Patent and Trademark Office (the PTO) resolved this interference between the Regents of the University of California (California) as the senior party and the University of Iowa Research Foundation, Coley Pharmaceutical Group, Inc., and the United States (collectively, Iowa) as the junior party. The Board granted Iowa’s motion for judgment that 35 U.S.C. § 135(b)(1) barred California’s sole claim interfering with Iowa’s U.S. Patent No. 6,207,646 (the ’646 patent). Univ. of Iowa Research Found. v. Regents of The Univ. of Cal., Interf. No. 105,171 (Bd. Pat. App. & Interf. Mar. 10, 2005) (Board Decision). Because the Board correctly construed section 135(b)(1), this court affirms.

Download the decision.