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ALPHAVAX, INC. v. NOVARTIS VACCINES & DIAGNOSTICS

Civil Action No. 09-11176-WGY.

719 F.Supp.2d 156 (2010)

ALPHAVAX, INC., Plaintiff, v. NOVARTIS VACCINES AND DIAGNOSTICS, INC., Defendant.

United States District Court, D. Massachusetts.

June 29, 2010.

Attorney(s) appearing for the Case

Jeffrey M. Ernst, T. Christopher Donnelly, Donnelly, Conroy & Gelhaar, LLP, Boston, MA, Steven B. Kelber, Berenato & White, LLC, Bethesda, MD, for Plaintiff.

Christina A. Ondrick, Thomas P. Steindler, McDermott Will & Emery LLP, Washington, DC, Sarah Chapin Columbia, McDermott, Will & Emery LLP, Boston, MA, for Defendant.

ORDER

YOUNG, District Judge.

I. INTRODUCTION

This action is an appeal under 35 U.S.C. § 146 of a final decision and order (the "Decision") of the Board of Patent Appeals and Interferences ("Board") of the U.S. Patent and Trademark Office ("PTO") in Interference Number 105,456, which established the priority of U.S. Patent 6,015,694 (the "'694 Patent") over patent application number 10/683,781 (the "'781 Application"). AlphaVax, Inc...

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