Interferences - Practice Areas - Fitzpatrick, Cella, Harper & Scinto

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An interference is an inter partes proceeding conducted before the Board of Patent Appeals and Interferences of the USPTO to determine which of two or more inventive entities was the first to invent the subject matter in dispute. Although less than one percent of all patent applications become involved in an interference, it is usually the most important applications in leading edge technologies that do.

Our firm has been handling interferences since the early 1970s, and since the 1984 Rule Changes has been one of the leading firms in this specialized area of the law.

Our interference team includes over 20 experienced interference practitioners who have handled interferences in all technology areas including chemistry, biochemistry, pharmacology, computers, electronics and optics to name a few and are familiar with all aspects of the practice including count formulation, motion practice, discovery and settlement. We have also been involved in review of USPTO interference decisions both in civil actions under 35 U.S.C. 146 and direct appeals to the Court of Appeals for the Federal Circuit. The members of our interference team have written numerous papers and made presentations at AIPLA and NYIPLA meetings on this topic. Most are members of the AIPLA Interference Committee with one member being a past Chair of that Committee.

Related Information

Representative Cases

Amgen Inc. v. Human Genome Sciences, Inc. and Schering Corp. Board of Patent Appeals and Interferences

Spath v Geyer Board of Patent Appeals and Interferences 2008

Hunter v. Ferre Board of Patent Appeals and Interferences 2007

Sloan-Kettering Institute for Cancer Research v. Helmholtz-Zentrum fur Infektionsforschung Gmbh Board of Patent Appeals and Interferences 2006

Levien v. Levien v. Katayama et al. Board of Patent Appeals and Interferences 2000

Publications

Patenting Software and Business Methods After Bilski Executive Counsel
February/ March 2009

Events

Motions Practice During an Interference IPO Patent Interferences Rules & Practice Conference
December 2006

Interference Practice Update Twenty-First Annual Joint Patent Practice Seminar
April 21, 2005

In The News

ACQ Law Awards ACQ Finance Magazine
November 2009

Fitzpatrick Listed in Tier 1 for Intellectual Property Benchmark: The Definitive Guide to America's Leading Litigation Firms & Attorneys 2010
November 2009

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2010 Best Lawyers in America 2010
October 2009

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2009 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition
October 2009

Fitzpatrick Listed as a Band 1 Intellectual Property Firm in Chambers USA 2009 Chambers USA 2009
June 2009

Fitzpatrick Named as Leading New York Firm Practical Law Company's Which Lawyer? Yearbook
April 2009

Managing Intellectual Property North American IP Awards Managing Intellectual Property
March 30, 2009

Fitzpatrick Ranked in Top Five in IP Today's Annual Survey Intellectual Property Today
March 2009

Fitzpatrick Listed as a Tier 1 Intellectual Property Firm in Chambers Global 2009 Chambers Global 2009
January 2009

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2009 Best Lawyers in America 2009
October 2008

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2008 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition 2008
October 2008

Fitzpatrick Ranked in Top Five in IP Today's Annual Survey Intellectual Property Today
March 2008

Fitzpatrick Listed as a Tier 1 Intellectual Property Firm in Chambers Global 2008 Chambers Global 2008
January 2008

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2008 Best Lawyers in America 2008
October 2007

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2007 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition 2007
September 2007

Fitzpatrick Attorneys Featured in New York Magazine Profile New York Magazine
July 2-9, 2007

Fitzpatrick Named as Leading New York Firm PLC Which Lawyer Yearbook 2007
May 2007

Fitzpatrick Listed as Tier 1 Intellectual Property Firm in Chambers Global 2007 Chambers Global 2007
January 2007

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2007 Best Lawyers in America 2007
October 2006

Two Fitzpatrick Lawyers Named Best of the Best 2006 The US Best of the Best
July 2006

Fitzpatrick Named as a Leading Firm in Chambers Global 2006 Chambers Global The World's Leading Lawyers for Business
2006

Fitzpatrick Ranked #7 Most Diverse Law Firm in New York The New York Law Journal's Book of Lists 2006
March 2006

Fitzpatrick Named as Leading New York Firm PLC Which Lawyer Yearbook 2006
February 2006

Fitzpatrick Named as a Leading Firm in Chambers Global 2006 Chambers Global
2006

Fitzpatrick Ranked Leading Firm in PLC Which Lawyer 2005/2006 PLC Which Lawyer 2005/2006
December 2005

Eight Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2006, The Most Listed for IP in New York Best Lawyers in America 2006
September 2005

Fitzpatrick Ranked in Band 1 in 2005 Chambers USA Survey Chambers USA: America's Leading Lawyers for Business
May 25, 2005

Seven Fitzpatrick Lawyers Included on List of Best IP Lawyers in America Best Lawyers in America
2005-2006

Fitzpatrick Receives 2004 MCCA Thomas L. Sager AwardNovember/December 2004

Fitzpatrick Ranked #4 In 2004 Diversity ScorecardJune 2004

Fitzpatrick Ranked as Leading Firm in 2004 Chambers USA Survey Chambers USA: Leading Business Lawyers
April 21, 2004

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America Best Lawyers in America
2003-2004

Fitzpatrick Elects Three New PartnersJanuary 1, 2004

Fitzpatrick Ranked # 10 In 2002 Diversity ScorecardDecember 2003

Six Fitzpatrick Lawyers Ranked as World's Leading Patent Experts 2003 Guide to the World's Leading Patent Law Experts
2003

Fitzpatrick Announces Two New PartnersJanuary 1, 2003

Fitzpatrick Ranked As A Top U.S. Intellectual Property Law Firm Chambers Global: World's Leading Lawyers 2003 and Chambers USA: America's Leading Business Lawyers
2003-2004

Three New Fitzpatrick Partners Named 2002January 2002

Fitzpatrick Receives 2002 MCCA Thomas L. Sager AwardOctober 16, 2002

Fitzpatrick, Cella Recognized for 20 Years of Service to Improving JusticeDecember 13, 2001

Four Partners Nominated to the International Who's Who of Business Lawyers2001

California Office Relocates to Larger Quarters2001