Garcillan Rueda et al.v.Enevoldsen et al.Download PDFPatent Trials and Appeals BoardApr 25, 201312398488 - (J) (P.T.A.B. Apr. 25, 2013) Copy Citation 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) Copy with citationCopy as parenthetical citation