USPTO Interference
Orrick IP lawyers are experienced at all phases of interference
practice, including preliminary motions, pre-interference
prosecution strategy, evidence preparation during the testimony
phase, evidentiary motions, final briefing, and fact and expert
witness preparation in the interference proceedings. Because
interferences are highly specialized proceedings, combining
substantive elements of patent prosecution and patent litigation,
Orrick’s significant litigation experience combined
with patent prosecution expertise brings all the necessary
skills together to successfully represent clients at all stages
of an interference.
- Affymetrix, Inc. Orrick represented Affymetrix
in the USPTO, where Orrick lawyers successfully withstood
an interference action challenging the validity of two Affymetrix
patents directed to Affymetrix' GeneChip® products.
Orrick has also assisted Affymetrix defending the client’s
GeneChip® product from patent infringement allegations
of others and enforcing GeneChip® patents against infringers
in court proceedings.
- Dow AgroSciences, Inc. (formerly Mycogen Plant
Science, Inc.) Orrick is currently representing
client Dow AgroSciences in a district court appeal of an
interference in Monsanto Corporation v. Mycogen Corporation pursuant to 35 U.S.C. §146, now pending before the
U.S. District Court for the Southern District of California.
This action concerns a contest for priority of invention
to the Cry1F Bacillus Thuringiensis (Bt) gene sequence.
- General Surgical Innovations, Inc. In Chin v. Kieturakis, Orrick obtained a favorable
decision from the U.S. Patent Office Board of Appeals and
Interferences on behalf of General Surgical Innovations
over Guidant Corporation in a patent interference concerning
patent claims for a surgical procedure. Orrick also obtained
a favorable decision in a related arbitration of some of
the interference issues. Ultimately, General Surgical Innovations,
Inc. and its inventor were awarded priority of invention.
- Vidamed Inc. Orrick has successfully
represented Vidamed in a patent interference before the
Board of Patent Appeals and Interferences at the United
States Patent and Trademark Office.
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