Idenix Pharmaceuticals LLC et al. v. Gilead Sciences Inc. et al., C.A. Nos. 13-1987-LPS, 14-109-LPS, 14-846-LPS, November 16, 2016.

Stark, C. J. Plaintiff’s objections are overruled and magistrate’s report and recommendations adopted in full.

This case involves a challenge to the result of a PTO interference declared after September 15, 2012.  The magistrate earlier recommended that defendant’s motion to dismiss for lack of subject matter jurisdiction be granted. Plaintiffs objected, and the court finds it is without jurisdiction to resolve the dispute.  Plaintiff has an appeal pending in the Federal Circuit, and it may also appeal this decision.