Kingsburyv.Chen

Patent Trial and Appeal Board

Feb 19, 2014

12347492 (P.T.A.B. Feb. 19, 2014)

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