Tuesday, November 25, 2008

Section 253 disclaimer deprives the court of jurisdiction to hear challenge to PTO's ruling in interference

Defendant's statutory disclaimer pursuant to 35 USC § 253, disclaiming all claims of the patent and dedicating to the public its entire right, title, and interest, deprived the court of subject matter jurisdiction over plaintiff's actions under 35 USC §§ 146 and 291, challenging the decision by the PTO that certain claims of plaintiff's application were deemed invalid because they were not entitled to the benefit of plaintiff's EPO filing date. "At this stage, [Plaintiff] merely asks the Court to correct what it perceives to be an erroneous decision on the part of the [PTO], which is not a party to any of the actions before the Court. This, however, would be inappropriate for the Court to do."

CIBA Specialty Chemicals Corporation v. 3V Inc., 1-06-cv-00672 (DED November 19, 2008, Opinion)

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