Genentech, Inc. v. Chiron Corp.

156 F. App'x 301

• Court: Court of Appeals for the Federal Circuit
• Decided: November 1, 2005
• Docket: No. 05-1285
• Status: Published

Opinion

ORDER

The parties jointly file a “Notice of Entry of Final Judgment” and request that the court dismiss Genentech, Inc.’s appeal 05-1285 of the November 30, 2004 decision of the Patent & Trademark Office Board of Patent Appeals & Interferences in Genentech, Inc. v. Chiron Corp., Interference No. 105,048. We treat the parties’ submission as a joint motion to dismiss 05-1285.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The unopposed motion to dismiss is granted.

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(2) Each side shall bear its own costs.

We note that the parties request that this dismissal be without prejudice; however, it is not the practice of this court to dismiss with or without prejudice.