In an interference, the Patent Trial and Appeal Board concluded that one of the applicants was estopped from establishing priority because it had lost two prior interferences covering the same subject matter.  The losing applicant appealed to the district court, but the district court held that it lacked subject matter jurisdiction under 35 U.S.C. §146 (post-AIA), which eliminated district court jurisdiction for interferences commenced after September 15, 2012.  The district court transferred the case to the Federal Circuit.  The Federal Circuit held that it has jurisdiction to consider the district court’s jurisdiction, held that the district court correctly decided that it lacked jurisdiction under Section 146, and held that the Board’s priority decision was not erroneous.

Biogen MA, Inc. v. Japanese Foundation for Cancer Research, Case No. 2014-1525 (May 7, 2015); Opinion by: Dyk, joined by Schall and Chen; Appealed From: District Court for the District of Massachusetts, Saylor, J.  Read the full opinion here.

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