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Sequenom: Patent Interference 105,924 Ruling

|Includes:ILMN, Sequenom, Inc. (SQNM)

April 7, 2014 PTAB Decision published:

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

YUK-MING DENNIS LO, ROSSA WAI KWUN CHIU, and

KWAN CHEE CHAN

Junior Party

(Application 13/417,119),

v.

STEPHEN QUAKE and HEI-MUN CHRISTINA FAN

Senior Party

(Application 12/393,833).

Patent Interference No. 105,924 (NYSE:DK)

(Technology Center 1600)

Judgment - Bd.R. 127

Before, FRED E. McKELVEY, RICHARD E. SCHAFER, and DEBORAH KATZ,

Administrative Patent Judges.

KATZ, Administrative Patent Judge.

In view of the Decision on Motions (Paper 230), it is

ORDERED that judgment be entered against Quake for Count 1 (see

Paper 1);

FURTHER ORDERED that claims 25, 29, 32, 40, 42, 78, 79, 86, 87, 90, 91, 93, 95, 97, and 98-101 of Quake's involved application 12/393,833 be FINALLY REFUSED 35 U.S.C. 135(a);

FURTHER ORDERED that a copy of this judgment be entered in the

administrative records of the involved 12/393,833 application and Lo application 13/417,119.

FURTHER ORDERED that a party seeking judicial review timely serve notice on the Director of the United States Patent and Trademark Office. 37 C.F.R.

§§ 90.1 and 104.2.

NOTICE: "Any agreement or understanding between parties to an interference, including any collateral agreements referred to therein, made in connection with or in contemplation of the termination of the interference, shall be in writing and a true copy thereof filed in the Patent and Trademark Office before the termination of the interference as between the said parties to the agreement or understanding."

35 U.S.C. 135(c); see also Bd.R. 205 (settlement agreements).

Disclosure: I am long SQNM.

Stocks: SQNM, ILMN