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` Paper 179
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`BoxInterferences@uspto.gov
`Tel: 571-272-9797 Filed: 19 August 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`BIOGEN MA INC.
`Junior Party
`Patent 8,399,514 B2,
`
`v.
`
`FORWARD PHARMA A/S
`Senior Party
`Application 11/576,871.
`
`
`Patent Interference No. 106,023 (McK)
`Technology Center 1600
`
`
`Before: Fred E. McKelvey, Administrative Patent Judge.
`
`FIRST REDECLARATION
`37 C.F.R. § 41.203(c)
`As a result of a decision on Biogen Motion 5 (Paper 177), the interference is
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`redeclared.
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`Changes to the interference as initially declared (Paper 1) are shown in
`brackets (for material added) and in strikeout (for material deleted) vis-à-vis the
`initial declaration. The footnotes in the original declaration and discussion
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`concerning exhibits and settlement discussion (which continue to apply) are not
`repeated.
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`All times for taking action in the interference continue to run.
`Part E. Identification and order of the parties
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`Named Inventors:
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`Involved Patent:
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`Published:
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`Title:
`Assignee:
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`Junior Party
`Matvey E. Lukashev, Tewksbury, MA
`Gilmore O’Neill, Medford, MA
`
`U.S. Patent 8,399,514 B2
`Granted 19 Mar. 2013,
`based on application 13/372,426
`filed 13 Feb. 2012
`
`U.S. Patent Application Publication
`2012/0196931 A1 (2 August 2012)
`
`Treatment for Multiple Sclerosis
`Biogen Idee MA, Inc.
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`Senior Party
`Henrick Nilsson, Copenhagen, DK
`Florian Schoenharting, Coppenhagen, DK
`Bernd W. Mueller, Flinbek, DE
`Joseph R. Robinson, Madison, WI (US) (deceased)
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`Named Inventors:
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`Involved Application: Application 11/576,871,
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`Filed 30 January 2009
`Published:
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`U.S. Patent Application Publication
`2009/0304790 A1 (10 December 2009)
`U.S. Patent Application Publication
`2014/0099364 A2 (10 April 2014)
`Controlled Release Pharmaceutical Composition
`Comprising a Fumaric Acid Ester
`Aditech [Forward] Pharma A/S
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`Republished:
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`Title:
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`Assignee:
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`Part F. Count and claims of the parties
`Count 1
`A method of treating a human in need of treatment for multiple
`sclerosis comprising
`orally administering to the human a pharmaceutical
`composition consisting essentially of
`(a) a therapeutically effective amount of dimethyl fumarate,
`monomethyl fumarate, or a combination thereof, and
`(b) one or more pharmaceutically acceptable excipients,
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`wherein the therapeutically effective amount of dimethyl
`fumarate, monomethyl fumarate, or a combination thereof is about
`480 mg per day.
`The claims of the parties are:
`Biogen:
`1–20
`Forward:
`55–70
`The claims of the parties which correspond to Count 1 are:
`Biogen:
`1–20
`Forward:
`55–70
`The claims of the parties which do not correspond to Count 1are:
`Biogen:
`None
`Forward: None
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`The parties are accorded the following benefit for Count 1:
`Biogen:
`Application 12/526,296
`filed 13 January 2011
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`PCT US2008/001602
`filed 7 February 2008
`Provisional Application 60/888,921
`filed 8 February 2007
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`
`PCT/DK05/00648
`Filed 7 October 2005
`Danish application PA2004 01546,
`Filed 8 October 2004
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`Forward:
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`-5-
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`Page 5 of 6
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`cc (via-email):
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`Counsel for Biogen MA Inc.:
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`Michele C. Bosch, Esq.
`Barbara C. McCurdy, Esq.
`FINNEGAN, HENDERSON, FARABOW
` GARRETT & DUNNER L.L.P.
`michele.bosch@finnegan.com
`barbara.mccurdy@finnegan.com
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`Counsel for Forward Pharma A/S:
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`Anthony M. Zupcic, Esq.
`Daniel S. Glueck, Esq.
`FITZPATRICK, CELLA, HARPER & SCINTO
`azupcic@fchs.com
`dglueck@fchs.com
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`-6-
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`Page 6 of 6
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