Narrative Opinion Summary
The court has received a joint filing from the parties regarding a "Notice of Entry of Final Judgment" and a request to dismiss Genentech, Inc.’s appeal (case number 05-1285) concerning the November 30, 2004 decision from the Patent Trademark Office Board of Patent Appeals in the case of Genentech, Inc. v. Chiron Corp. (Interference No. 105,048). The court interprets this filing as a joint motion to dismiss the appeal. The court orders that: 1) The unopposed motion to dismiss is granted. 2) Each party will bear its own costs. Although the parties requested a dismissal without prejudice, the court clarifies that it does not typically grant dismissals with or without prejudice.
Legal Issues Addressed
Costs in Dismissed Appealssubscribe to see similar legal issues
Application: The court orders that each party will bear its own costs in the dismissal of the appeal.
Reasoning: Each party will bear its own costs.
Dismissal of Appealsubscribe to see similar legal issues
Application: The court interprets a joint filing as a motion to dismiss the appeal and grants the dismissal as unopposed.
Reasoning: The court interprets this filing as a joint motion to dismiss the appeal.
Dismissal with or without Prejudicesubscribe to see similar legal issues
Application: The court clarifies its general practice regarding dismissals, irrespective of the parties' request for a dismissal without prejudice.
Reasoning: Although the parties requested a dismissal without prejudice, the court clarifies that it does not typically grant dismissals with or without prejudice.