ABT Holding Company, et al. v. Garnet Biotherapeutics, Inc., C.A. No. 14-1512 – LPS-CJB, March 23, 2016

Burke, C. J. Report and recommendation recommending that defendant’s motion to dismiss based on lack of subject matter jurisdiction be granted and action be transferred to the Federal Circuit.

Plaintiffs seek review of the PTAB’s final judgment in an interference action. Defendant’s motion is based on Biogen, which eliminated the district court’s subject matter jurisdiction under pre-AIA to review decisions in interference proceedings declared after September 15, 2012. Plaintiffs indicated that Biogen had filed a petition for writ of certiorari. The U.S. Supreme Court denied the writ on March 21, 2016. Consequently under the holding in Biogen, this court lacks jurisdiction.