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
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
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
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
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
Press Releases
Fitzpatrick, Cella, Harper & Scinto Ranked #1 in Intellectual PropertyJune 18, 2007
Fitzpatrick Cella Elects Five New PartnersJanuary 1, 2007
Fitzpatrick, Cella, Harper & Scinto Ranked #1 in IPJune 7, 2006
Fitzpatrick, Cella, Harper & Scinto Receives Minority Corporate Counsel Association's Thomas L. Sager Diversity AwardOctober 28, 2004
Fitzpatrick Elects Three PartnersJanuary 5, 2004
Fitzpatrick Elects Two PartnersJanuary 6, 2003
Fitzpatrick Receives Thomas L. Sager Diversity AwardOctober 17, 2002
Area Leader/Chair: Anthony M. Zupcic
ATTORNEYS IN THIS PRACTICE AREA
Partners
Robert L. Baechtold
Ronald A. Clayton
Frank A. DeLucia, Jr.
Leonard P. Diana
Robert H. Fischer
Joseph M. Fitzpatrick
Daniel S. Glueck
Steven C. Kline
John A. Krause
Raymond R. Mandra
Michael K. O'Neill
Justin J. Oliver
Marc J. Pensabene
Lawrence S. Perry
Scott K. Reed
Michael P. Sandonato
Lawrence F. Scinto
Douglas Sharrott
Anthony M. Zupcic
Associates
Stephen E. Belisle
Jonathan Berschadsky
Dana Lau, Ph.D.
