Amgen Inc. v. F. Hoffmann-LaRoche LTD et al

Filing 868

DECLARATION re #867 Opposition to Motion in Limine to Preclude Amgen from Contradicting Arguments Made in Prior Administrative and Judicial Proceedings of Geoffrey M. Godfrey by Amgen Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M)(Gottfried, Michael)

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Amgen Inc. v. F. Hoffmann-LaRoche LTD et al Doc. 868 Att. 2 Case 1:05-cv-12237-WGY Document 868-3 Filed 08/24/2007 Page 1 of 3 EXHIBIT B Dockets.Justia.com Case 1:05-cv-12237-WGY Document 868-3 37 CFR 1 .601 Filed 08/24/2007 Page 2 of 3 Page 1 Title 37--Patents, Trademarks, and Copyrights ; Revised as of July 1, 1988 CHAPTER I--PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE SUBCHAPTER A--GENERAL PATENTS PART 1--RULES OF PRACTICE IN PATENT CASES Subpart E--Interferences § 1 .601 Scope of rules, definitions. 37 CFR I .601 This subpart governs the procedure in patent interferences in the Patent and Trademark Office . This subpart shall be construed to secure the just, speedy, and inexpensive determination of every interference . For the meaning of terms in the Federal Rules of Evidence as applied to interferences, see § 1 .671(c) . Unless otherwise clear from the context, the following definitions apply to this subpart: (a) "Additional discovery" is discovery to which a party may be entitled under § 1 .687 in addition to discovery to which the party is entitled as a matter of right under § 1 .673 (a) and (b). (b) "Affidavit" means affidavit, declaration under § 1 .68, or statutory declaration under 28 U .S .C . 1746 . A transcript of an ex parte deposition may be used as an affidavit. (c) "Board" means the Board of Patent Appeals and Interferences. (d) "Case-in-chief" means that portion of a party's case where the party has the burden of going forward with evidence . (e) "Case-in-rebuttal" means that portion of a party's case where the party presents evidence in rebuttal to the case-in-chief of another party. (f) A "count" defines the interfering subject matter between (1) two or more applications or (2) one or more applications and one or more patents . When there is more than one count, each count shall define a separate patentable invention . Any claim of an application or patent which corresponds to a count is a claim involved in the interference within the meaning of 35 U .S .C . 135(a) . A claim of a patent or application which is identical to a count is said to "correspond exactly" to the count . A claim of a patent or application which is not identical to a count, but which defines the same patentable invention as the count, is said to "correspond substantially" to the count . When a count is broader in scope than all claims which correspond to the count, the count is a "phantom count ." A phantom count is not patentable to any party. (g) The "effective filing date" of an application or a patent is the filing date of an earlier application accorded to the application or patent under 35 U .S .C . 119, 120, or 365. (h) In the case of an application, "filing date" means the filing date assigned to the application . In the case of a patent, "filing date" means the filing date assigned to the application which issued as the patent. (i) An "interference" is a proceeding instituted in the Patent and Trademark Office before the Board to determine any question of patentability and priority of invention between two or more parties claiming the same patentable invention. An interference may be declared between two or more pending applications naming different inventors when, in the opinion of an examiner, the applications contain claims for the same patentable invention . An interference may be declared between one or more pending applications and one or more unexpired patents naming different inventors when, in the opinion of an examiner, any application and any unexpired patent contain claims for the same patentable invention. (j) An "interference-in-fact" exists when at least one claim of a party which corresponds to a count and at least one claim of an opponent which corresponds to the count define the same patentable invention . Case 1:05-cv-12237-WGY Document 868-3 37 CFR 1 .601 Filed 08/24/2007 Page 3 of 3 Page 2 (k) A "lead" attorney or agent is a registered attorney or agent of record who is primarily responsible for prosecuting an interference on behalf of a party and is the attorney or agent whom an examiner-in-chief may contact to set times and take other action in the interference. (1) A "party" is (1) an applicant or patentee involved in the interference or (2) a legal representative or an assignee of an applicant or patentee involved in an interference . Where acts of a party are normally performed by an attorney or agent, "party" may be construed to mean the attorney or agent . An "inventor" is the individual named as inventor in an application involved in an interference or the individual named as inventor in a patent involved in an interference. (m) A "senior party" is the party with earliest effective filing date as to all counts or, if there is no party with the earliest effective filing date as to all counts, the party with the earliest filing date . A "junior party" is any other party. (n) Invention "A" is the "same patentable invention" as an invention "B" when invention "A" is the same as (35 U .S .C. 102) or is obvious (35 U.S .C . 103) in view of invention "B" assuming invention "B" is prior art with respect to invention "A" . Invention "A" is a "separate patentable invention" with respect to invention "B" when invention "A" is new (35 U .S .C . 102) and non-obvious (35 U .S .C . 103) in view of invention "B" assuming invention "B" is prior art with respect to invention "A". (o) "Sworn" means sworn or affirmed. (p) "United States" means the United States of America, its territories and possessions. SOURCE : 49 FR 48455, Dec . 12, 1984 ; 50 FR 23123, May 31, 1985 AUTHORITY : 35 U.S .C . 6, 23, 41, and 135 .

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