Sughrue attorneys Gordon Kit and Mark Hayman successfully defended the University of Maryland’s bactofection patent in an Interference case against the U.S. Government. The patent, which Mr. Kit prepared in 1995, is directed to the University’s pioneering invention on bactofection.
The Board held that the U.S. Government failed to present a prima facie case of priority vis-à-vis the University, and invited the University to file a Rule 291 Protest in a related pending U.S. Government application based, inter alia, on Interference estoppel. The related U.S. Government application, the parent of the Government’s involved application, formed the basis for an obviousness-type double patenting rejection of the Government’s involved application.