Kingsburyv.ChenDownload PDFPatent Trial and Appeal BoardFeb 19, 201412347492 (P.T.A.B. Feb. 19, 2014) Copy Citation Boxinterferences@uspto.gov Paper No. 238 571-272-4683 Filed: February 19, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ________________ Patent Interference Nos. 105,884 (JGN) LIEPING CHEN Junior Party (Application No. 12/347,492) v. GILLIAN KINGSBURY Senior Party (Patent 7,385,036) ________________ JUDGMENT Bd.R. 127 Before RICHARD TORCZON, SALLY GARDNER LANE, and JOHN G. NEW, Administrative Patent Judges NEW, Administrative Patent Judge. In view of the Board’s grant of the Junior Party Leiping Chen (“Chen”) motion for judgment on the basis of priority, it is— ORDERED that judgment be entered against senior party Kingsbury for Count 2 1 ; FURTHER ORDERED that claims 1-8 of Kingsbury’s involved U.S. Patent No. 7,385,036 be CANCELED, 35 U.S.C. 135(a); and FURTHER ORDERED that a copy of this judgment be entered in the administrative records of the involved patent and application. 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). 1 (Paper No. 215) cc (via electronic mail): Attorney for Chen: Gerald M. Murphy, Jr., Esq. Craig A. McRobbie, Esq. Leonard R. Svensson, Esq. Birch, Stewart, Kolasch & Birch, LLP Email: gmm@bskb.com Email: cam@bskb.com Email: lrs@bskb.com Email: mailroom@bskb.com Attorney for Kingsbury: DeAnn F. Smith, Esq. Philip S. Choi, Esq. Claire Laporte, Esq. (admitted for limited purposes) Foley Hoag, LLP Email: patent@foleyhoag.com Copy with citationCopy as parenthetical citation