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4737 A decision by the federal Board of Patent Appeals and Interferences in favor of one party to an interference proceeding establishes that the party had probable cause for the proceeding, even if the decision is later reversed by a federal District Court, so in opposition to a SLAPP motion in a subsequent action for malicious prosecution of the interference proceeding, the other party cannot show the ability to make out a prima facie case.CitationPLUMLEY v MOCKETT (Reversed Finding) 164 CA4 1031 [See: CCP 425.16; Sheldon Appel v Albert & Oliker 47 C3 863; Roberts v Sentry 76 CA4 375, T/AT 12/99]
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