BoxInterference@uspto.gov
`571.272.4683
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`
`7, 2014
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`Filed : April
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` HEI-MUN CHRISTINA FAN and STEPHEN QUAKE
`Junior Party
`
` (Patent 8,195,415),
`
`v.
`
`
`YUK-MING DENNIS LO, ROSSA WAI KWUN CHIU, and KWAN CHEE
`CHAN
`Senior Party
`(Application 13/070,266),
`
`
`
`Patent Interference No. 105,922 (DK)
`(Technology Center 1600)
`
`
`Order – Priority Times – Bd.R. 104(c)
`
`
`Before DEBORAH KATZ, Administrative Patent Judge.
`
`
`SEQUENOM EXHIBIT 1022
`Sequenom v. Stanford
`IPR2014-00337
`
`
`571.272.4683
`
`
`7, 2014
`
`
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`
`
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`
`
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`Filed : April
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
` HEI-MUN CHRISTINA FAN and STEPHEN QUAKE
`Junior Party
`
` (Patent 8,195,415),
`
`v.
`
`
`YUK-MING DENNIS LO, ROSSA WAI KWUN CHIU, and KWAN CHEE
`CHAN
`Senior Party
`(Application 13/070,266),
`
`
`
`Patent Interference No. 105,922 (DK)
`(Technology Center 1600)
`
`
`Order – Priority Times – Bd.R. 104(c)
`
`
`Before DEBORAH KATZ, Administrative Patent Judge.
`
`
`SEQUENOM EXHIBIT 1022
`Sequenom v. Stanford
`IPR2014-00337
`
`
`
`Further to the Decision on Motions (Paper 101), this interference will
`proceed to the priority phase. A schedule is attached.
`Before the motions phase, Lo requested authorization to file a motion for
`judgment that the claims of Fan’s involved ’415 patent are unpatentable under
`35 U.S.C. §§ 102 and 103 in view of U.S. Patent Application Publication
`2009/0029377 taken alone or in view of several other references. (Lo List of
`Proposed Motions, Paper 16, at 1-2.) On 9 December 2013, an inter partes review
`was instituted on a patentability challenge by Sequenom, Inc., a real party-in-
`interest of Lo (see Paper 4), to the claims of the ’415 patent based on U.S. Patent
`Application Publication 2009/0029377 taken alone or in view of other references.
`See Inter partes Review 2013-00390, Paper 7. Because Lo has an opportunity to
`pursue the relief it proposed in such a motion elsewhere, any renewed request for
`authorization to file a similar motion during the priority phase of this interference
`will be denied. See 35 U.S.C. § 315(d).
`
`
`A. Time periods associated with motions
`
`The TIME PERIODS described below are set out in an Appendix to this
`ORDER. Action specified for each TIME PERIOD must be completed by the date
`specified for the TIME PERIOD. The parties should note that exhibits are no
`longer filed in Time Period 18. Exhibits should be filed along with the motions in
`which they are first cited.
`The parties are authorized to stipulate different times (earlier or later, but not
`later than TIME PERIOD 17) for TIME PERIODS 11 through 16. A notice of the
`stipulation must be promptly filed. The notice must be in the form of a copy of the
`Appendix attached to this ORDER with old dates crossed out and new dates
`inserted by hand. The parties may not stipulate an extension of TIME PERIOD 17
`
`
`
`
`
`(4)
`
`or the default date for oral argument. In stipulating different times, the parties
`should consider the effect of the stipulation on times:
`(1)
`to object to evidence (5 business days, Bd.R. 155(b)(1)),
`(2)
`to supplement evidence (10 business days, Bd.R. 155(b)(2)),
`(3)
`to begin cross examination (no earlier than 21 days after service,
`SO ¶ 157.3.1) and
`to conclude cross examination (at least 10 days before the opposition
`or reply is due, SO ¶ 157.3.2).
`1.
`TIME PERIOD 11
`The JUNIOR PARTY must file a motion on priority.
`If the junior party does not file a priority motion, the JUNIOR PARTY must
`arrange a conference call with the parties and the Board so that appropriate action
`may be taken.
`2.
`TIME PERIOD 12
`The SENIOR PARTY must file any priority motion.
`3.
`TIME PERIOD 13
`File oppositions to all motions.
`4.
`TIME PERIOD 14
`File replies to all oppositions.
`5.
`TIME PERIOD 15
`a. File any request for oral argument on priority,
`b. File motions to exclude evidence (Bd.R. 155(c); SO ¶ 155.2), and
`c. File observations on cross examination (SO ¶ 157.7) of reply
`testimony, and
`d. File a list of any issues other than priority that should be considered in
`
`
`
`
`
`
`
`
`
`rendering a final decision in the interference.1
`6.
`TIME PERIOD 16
`a. File oppositions to an opponent's motion to exclude evidence and
`b. File any response to observations.
`7.
`TIME PERIOD 17
`File replies to oppositions to motions to exclude evidence.
`
`B. FILING EXHIBITS
`
`A document larger than 25MB cannot be filed online. If a party needs to file
`
`a document larger than 25MB, unless otherwise instructed by order, please contact
`the board at the telephone number above to make other arrangements, such as
`sending a CD-ROM by Express Mail.
`
`C. DEFAULT ORAL ARGUMENT DATE
`
`If a request for oral argument (Bd.R. 124(a); TIME PERIOD 15) is granted,
`the default date for such argument is the date provided in the appendix below. No
`oral argument will occur if either no argument is requested or granted.
`
`
`
`
`1 There is no need to list an issue previously resolved by a decision entered by a
`panel of at least three administrative patent judges inasmuch as these decisions
`merge with the judgment when a final decision is entered.
`
`
`
`-4-
`
`
`
`Times for Priority Motions
`Interference 105,922
`
`
`TIME PERIOD 11 ……………………………………… 23 May 2014
`Junior Party only file priority motions and serve
`priority evidence
`
`
`TIME PERIOD 12 ……………………………………… 3 July 2014
`Senior Party only file priority motion and serve
`priority evidence
`
`
`TIME PERIOD 13 ……………………………………… 15 August 2014
`File opposition to priority motions and serve
`opposition evidence
`
`
`TIME PERIOD 14 ……………………………………… 26 September 2014
`File reply and serve reply evidence
`
`TIME PERIOD 15 …………………………………………17 October 2014
`Request oral argument
`File list of issues to be considered
`File observations
`File motion to exclude evidence
`
`TIME PERIOD 16 ……………………………………… 31 October 2014
`File response to observations
`File opposition to motion to exclude
`
`TIME PERIOD 17 ……………………………………… 14 November 2014
`File reply to opposition to motion to exclude
`
`TIME PERIOD 18 ……………………………………… 17 December 2014
`Default oral argument date (if ordered)
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`-5-
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`cc (via electronic delivery):
`
`Attorney for Fan:
`
`R. Danny Huntington
`Sharon E. Crane
`Rothwell, Figg, Ernst & Manbeck, PC
`Email: dhuntington@rfem.com
`Email: scrane@rfem.com
`
`Attorney for Lo:
`
`Michele C. Bosch
`Steven P. O’Connor
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`Email: michele.bosch@finnegan.com
`Email: steven.oconnor@finnegan.com
`
`Michael J. Wise
`Perkins Coie, LLP
`Email: mwise@perkinscoie.com
`
`
`
`
`-6-
`
`
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