Health Discovery Corp (HDVY)

[LocWolf]

We did!


Interference 106,066 (JTM) – Li v. Weston – Judgment

The Board has dismissed all pending motions. Paper 148. Li’s earliest alleged priority date of July 20, 2006 (Paper 23) is after Weston’s accorded priority date of January 31, 2005.
Accordingly, Li cannot prevail on priority. Accordingly, It is ORDERED that judgment on priority is entered against junior party Li as to Count 1, the sole Count, of the interference. Paper 1, 5. FURTHER ORDERED that claims 1–15 of Li patent 7,685,077C1 are cancelled. 35 U.S.C. § 135(a); FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and Bd. R. 205 regarding the filing of settlement agreements; 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. See also Bd. R. 8(b); Attention is directed to Biogen Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 654–57 (Fed. Cir. 2015) (determining that pre-AIA § 146 review was eliminated for interference proceedings declared after September 15, 2012); and FURTHER ORDERED that a copy of this judgment be entered into the administrative records of the involved Li patent and Weston application.