Does a judgment of no interference-in-fact result in either party losing the interference?
No, a judgment of no interference-in-fact does not result in either party losing the interference. The MPEP 2308.03(b) clearly states:
“Neither party has lost the interference for the purpose of estoppel consistent with 37 CFR 41.127(a)(1), even if one of the parties suggested the interference.”
This means that neither party is considered to have lost the case, and no estoppel effects will apply as a result of this judgment.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2308.03(B) - No Interference - In - Fact,
Patent Law,
Patent Procedure