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REGENTS OF UNIV. OF CAL. v. UNIV., IOWA RES. FOUN.

No. 05-1374.

455 F.3d 1371 (2006)

THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Appellant, v. UNIVERSITY OF IOWA RESEARCH FOUNDATION and COLEY PHARMACEUTICAL GROUP, INC., Appellees, and The United States of America (as represented by the Department of Health and Human Services), Appellee.

United States Court of Appeals, Federal Circuit.

July 17, 2006.

Attorney(s) appearing for the Case

R. Danny Huntington, Bingham McCutchen LLP, of Washington, DC, argued for appellant. With him on the brief was Malcolm K. McGowan.

Lawrence M. Green, Wolf, Greenfield & Sacks, P.C., of Boston, Massachusetts, argued for appellees, University of Iowa Research Foundation, et al. With him on the brief were Edward R. Gates, John R. Van Amsterdam, and Laura Topper.

Erica A. Franklin, Attorney, Intellectual Property Section, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee, The United States of America. With her on the notice of joinder were Peter D. Keisler, Assistant Attorney General, and John Fargo, Director. Of counsel was Susan L.C. Mitchell.

Before RADER, BRYSON, and LINN, Circuit Judges.

RADER, Circuit Judge.

The Board of Patent Appeals and Interferences (the Board) of the United States Patent and Trademark Office (the PTO) resolved this interference between the Regents of the University of California (California) as the senior party and the University of Iowa Research Foundation, Coley Pharmaceutical Group, Inc., and the United States (collectively, Iowa) as the junior party. The Board granted Iowa's motion for judgment that 35 U.S.C. § 135...

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