Legal Opinion
Biogen Ma, Inc. v. Japanese Foundation for Cancer Research
Court of Appeals for the Federal Circuit
Decided May 7, 2015No. 2014-1525PublishedCited by 10 opinions
1Opinion of the Court
DYK, Circuit Judge.
Biogen MA, Inc. (“Biogen”) brought suit in district court, pursuant to 35 U.S.C. § 146, to challenge an interference decision by the Patent Trial and Appeal Board (“PTAB” or the “Board”). The Board concluded that patent applicant Walter Fiers was estopped from establishing priority in Interference No. 105,939 (the “'939 interference” or the “third interference”) because he had lost two prior interferences covering the same subject matter. The district court held that it lacked subject matter jurisdiction because the LeahySmith America Invents Act, Pub.L. No. 112-29, 125…
2Cases cited33 opinions
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- Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
- Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
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