First Interference Involving 11 Patents–Such Interferences Offer Economic Benefits To Patent Owners

October 1, 1998 – Firm News

The intellectual property law firm Oblon, Spivak, McClelland, Maier & Neustadt, P.C., announced today that it is handling an interference that involves 11 patents. Never before has there been an interference involving this many patents, and the economic implications will be of interest to all patent owners. Eight of the 11 patents involved in the interference are also involved in a district court litigation, where the validity and priority issues are to be determined by an Article III judge and a jury. In contrast, the interference is being heard by the Board of Patent Appeals and Interferences in the Patent and Trademark Office, which means that patent judges will decide the validity and priority issues. "Having the expertise of the PTO's administrative patent judges determine the outcome of the case will lead to a less expensive and more rational result. Companies are likely to save a great deal of money with this kind of interference," says Charles L. Gholz, a partner with Oblon, Spivak, McClelland, Maier & Neustadt, and lead counsel for the party that is attempting to cancel the 11 patents in the interference and to stay the district court litigation. Mr. Gholz is available to discuss the economic benefits of multi-patent interferences and the impact of such interferences on patent owners. Founded in 1968, Oblon, Spivak, McClelland, Maier & Neustadt is one of the largest firms in the United States specializing exclusively in intellectual property law. The firm has an active and experienced interference section which deals with this complex sub-specialty within patent law.