MYR 1044
`Myriad Genetics, Inc. et al. (Petitioners) v. The Johns Hopkins University (Patent Owner)
`IPR For USPN 7,824,889
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`Page 1 of 3
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`PTO/SB/26 (12-07)
`Approved for use through 12/31/2007. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unlessit displays a valid OMB control number.
`TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATENTING
`Docket Number (Optional)
`REJECTION OVER A “PRIOR” PATENT
`001107.00638
`
`In re Application of: VOGELSTEIN ET AL.
`
`Application No.: 11709742
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`Filed: 23 February 2007
`
`For. DIGITAL AMPLIFICATION
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`Form PTO/SB/96 may be used for making this certification. See MPEP § 324.
`
`
`percentinterest in the instant application hereby disclaims,
`The owner*, The Johns Hopkins University
`, of
`100
`except as provided below,the terminal part of the statutory term of any patent granted on the instant application which would extend beyond
`the expiration date of the full statutory term prior patent No. U.S. 6,440,706
`as the term of said prior patent is defined in 35 U.S.C. 154
`and 173, and as the term of said prior patent is presently shortened by any terminal disclaimer. The owner hereby agrees that any patent so
`granted on the instant application shall be enforceable only for and during such period thatit and the prior patent are commonly owned. This
`agreement runs with any patent granted on the instant application and is binding upon the grantee, its successors or assigns.
`
`In making the above disclaimer, the owner doesnotdisclaim the terminal part of the term of any patent granted on the instant application that
`would extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of the prior patent, “as the term of said prior
`patent is presently shortened by any terminal disclaimer,” in the event that said prior patentlater:
`expires for failure to pay a maintenancefee;
`is held unenforceable;
`is found invalid by a court of competent jurisdiction;
`is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
`hasall claims canceled by a reexamination certificate;
`is reissued; or
`is in any mannerterminated prior to the expiration ofits full statutory term as presently shortened by any terminal disclaimer.
`
`Checkeither box 1 or 2 below,if appropriate.
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`made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that such willful false
`statements mayjeopardize the validity of the application or any patent issued thereon.
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`2.
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`The undersigned is an attorney or agent of record. Reg. No._ 32,141
`
`
`/Sarah A. Kagan/
`12 March 2010
`Signature
`Date
`
`
`Sarah A. Kagan
`Typed or printed name
`
`
`202 824 3000
`Telephone Number
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