Halozyme, Inc. v. Lee

Filing 186

MEMORANDUM OPINION re Motion for expenses and motion to stay consideration of personnel expenses. Signed by District Judge Claude M. Hilton on 10/23/18. (klau, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

HALOZYME, INC.,

Plaintiff,

Civil Action No. l:16-cv-1580

V.

ANDREI lANCU,
Defendant.

MEMORANDUM OPINION

THIS

MATTER

comes

before

the

Court

on

Defendant

Andrei

lancu's. Under Secretary of the United States Patent and Trademark
Office ("USPTO"), motion for expenses under 35 U.S.C. § 145 and
partial motion to stay consideration of personnel expenses.
Halozyme brought this action pursuant to 35 U.S.C. § 145,

challenging a final decision issued by the USPTC s Patent Trial
and Appeal Board (the ^'Board") which affirmed the rejections of

claims

in

U.S.

application").

The

Patent
claims

Application
were

11/238,171

rejected

on

four

("the

^171

independent

grounds:

• unpatentable under obviousness-type double pantenting
("GDP") over claims 9 and 10 of U.S. Patent No. 7,767,429
("the M29 patent") in view of the U.S. Patent No.
5,766,897 ("Braxton") and U.S. Patent No. 6,552,170
("Thompson");