Rapoport v. Dement

Judgment of priority in favor of defendants and order entitling defendants to a patent for treatment of sleep apnea affirmed because the Board of Patent Appeals and Interferences did not err in its legal conclusions regarding priority, conception, or reduction to practice.

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David M. Rapoport (“Rapoport”) appeals from a final decision of the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office (“Board”) dated February 29, 2000. The real parties in interest in this interference are: (1) New York University (“NYU”), assignee of Rapoport; (2) the Board of Trustees of the Leland Stanford Junior University (“Stanford”), assignee of William C. Dement (“Dement”) and Mark R. Rosekind (“Rosekind”); and (3) the Bristol-Myers Squibb Company (“Bristol-Myers”), assignee of Jeffrey L. Schwimmer (“Schwimmer”). Collectively, Dement, Rosekind, and Schwimmer will be referred to herein as “Dement et al. ”

The Board awarded judgment of priority as to the sole count of the interference in favor of Dement et al., and further ordered that Dement et al. are entitled to a patent containing claims 1-13 of U.S. Patent Application No. 07/695,325 (“the ’325 application”), filed May 3, 1991, and that Rapoport is not entitled to a patent containing claims 1-12 of U.S. Patent Application No. 07/479,693 (“the ’693 application”), filed February 14, 1990. We affirm.

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Rapoport v. Dement

Judgment of priority in favor of defendants and order entitling defendants to a patent for treatment of sleep apnea affirmed because the Board of Patent Appeals and Interferences did not err in its legal conclusions regarding priority, conception, or reduction to practice.

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