Garcillan Rueda et al.v.Enevoldsen et al.

Patent Trials and Appeals Board

Apr 25, 2013

12398488 - (J) (P.T.A.B. Apr. 25, 2013)

NOTICE: "Any agreement or understanding between parties to an interference, including
any collateral agreements referred to therein, made in connection with or in
contemplation of the termination of the interference, shall be in writing and a true copy
thereof filed in the Patent and Trademark Office before the termination of the
interference as between the said parties to the agreement or understanding." 35 U.S.C.
135(c); see also Bd.R. 205 (settlement agreements).

BoxInterferences@uspto.gov Paper 8
Telephone: 571-272-4683 ENTERED: 25 April 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
PATENT TRIAL AND APPEAL BOARD

Patent Interference No. 105,933
(from Technology Center 2800)

GAMESA INNOVATION & TECHNOLOGY, S.L.
(8,083,491),
Junior Party,

v.

SIEMENS AKTIENGESELLSCHAFT
and Siemens Wind Power A/S
(12/218,727),
Senior Party.

Before: RICHARD E. SCHAFER, RICHARD TORCZON and
JACQUELINE WRIGHT BONILLA, Administrative Patent Judges.

TORCZON, Administrative Patent Judge.

JUDGMENT
Bd.R. 127(b)(4)
abandonment of contest

Interference No. 105,933 Page 2

The junior party (Gamesa) has not complied with the initial filing
requirements for the interference.
1
Counsel of record for Gamesa has
advised that it is not authorized to participate in the interference and that
Gamesa is unlikely to contest priority. If there is to be no interference,
while Gamesa remains silent, the senior party (Siemens) is prejudiced by the
ongoing costs of complying with procedural requirements and by the delay
in the granting of a patent for Siemens involved application.
Because parties are presumed to have invented in the order of their
accorded benefit dates,
2
a junior party that does not contest priority loses on
priority.
3
In view of Gamesa's silence and the prejudice to Siemens, entry of
judgment against Gamesa now is appropriate. Accordingly,
Judgment is entered against the junior party for count 1, the sole
count,
4
and
Claims 1-11 of the junior party's 8,083,491 are CANCELED.
5

A copy of this judgment will be entered into the administrative record
of the involved application and patent.

1
Paper 2 (Standing Order) at 73 (Appendix: Index of Times).
2
Bd.R. 207(a)(1).
3
35 U.S.C. 102(g)(1) (2012).
4
Paper 1 (Decl.) at 3.
5
35 U.S.C. 135(a) (2012).
Interference No. 105,933 Page 3

cc:

via First-Class mail—

LADAS & PARRY, LLP
1040 AVENUE OF THE AMERICAS
NEW YORK, NY 10018-3738

via email—

CLIFFORD MASS, Ladas & Parry LLP, of New York, New York.
(cmass@ladas.com)

RAYMOND W. GREEN and MARC V. RICHARDS, Brinks Hofer Gilson &
Lione, of Chicago, Illinois.
(rgreen@brinkshofer.com; mrichards@brinkshofer.com)