Biogen MA, Inc v. Japanese Foundation for, No. 14-1525 (Fed. Cir. May 7, 2015)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Biogen MA, Inc. (“Biogen”) brought suit in district court, pursuant to 35 U.S.C. § 146, to challenge an inte r- ference 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 I nterference No. 105,939 (the “’939 interfe r- ence” or the “third interference” ) because he had lost two prior interferences covering the same subject matter .