Teov.Sharp et al.Download PDFPatent Trial and Appeal BoardJan 22, 201411694476 (P.T.A.B. Jan. 22, 2014) Copy Citation Mail Stop Interference Paper No. 34 P.O. Box 1450 Entered: January 22, 2014 Alexandria, VA 22313-1450 BoxInterferences@uspto.gov Tel: 571-272-4683 Fax: 571-273-0042 UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ________________ Wontok, Inc. Junior Party (Application No. 12/111,777) (Inventors: John C. Sharp, Wee Tuck Teo, Helmuth Freericks, and Oleg Kouznetsov) v. Advanced Network Technology Laboratories Pte Ltd. Senior Party (US 8,434,148 B2) (Inventor: Wee Tuck Teo) ________________ Patent Interference 105,967 (HHB) (Technology Center 2400) ________________ Before: RICHARD E. SCHAFER, DEBORAH KATZ, and HUNG H. BUI, Administrative Patent Judges BUI, Administrative Patent Judge. Judgment – Request for Adverse 37 CFR § 41.127(b) Interference No. 105,967 2 A telephone conference call was held on January 16, 2014 at 3:00 p.m., Eastern Daylight Time. The following individuals participated in the conference call: (1) Robert J. Sacco, Esq., for Wontok, Inc.; (2) David Randall, Esq., for ANT Labs; and (5) Hung H. Bui, Administrative Patent Judge. The principal purpose of the conference call was: (1) to review the status of the settlement negotiations as per Notice of Settlement Discussions (Paper 32); (2) to discuss the Senior Party ANT Labs’ Request for Reconsideration 1 requesting reconsideration of the denial of authorization to file its Proposed Motion 1 for summary judgment on the ground that Junior Party Wontok’s Bd.R. 202 Statement was insufficient to provoke an interference (Paper 30); and (3) to discuss the Junior Party Wontok’s desire to voluntarily dismiss the interference proceeding. Pursuant to the Board’s recommendation during the conference call, Senior Party ANT Labs has agreed to withdraw its Request for Reconsideration (Paper 30), and Junior Party Wontok has filed: (1) a Request for Adverse Judgment under 37 C.F.R. §41.127 with prejudice against Junior Party Wontok, with an indication of filing (2) an Express Abandonment under 37 C.F.R. § 1.138 of the involved Patent Application Serial Number 12/111,777 in the Patent & Trademark Office (PTO). Paper 33. In view of these submissions, Junior Party Wontok’s Request for Adverse Judgment is GRANTED. Consequently, Senior Party ANT Labs’ Request for Reconsideration (Paper No. 30) is considered MOOT. 1 Senior Party ANT Labs has incorrectly characterized the Request for Reconsideration as “Miscellaneous Motion.” However, requests for reconsideration are not miscellaneous motions. Interference No. 105,967 3 Accordingly, it is: ORDERED that judgment on priority as to Count 1, the sole count of the interference (Paper 1 at 4-5), is entered against Junior Party Wontok; FURTHER ORDERED that claims 1-10, 12-33 and 35-42 of Junior Party Wontok Patent Application Serial Number 12/111,777, which correspond to Count 1, the sole count of the interference (Paper 1 at 4-5), are FINALLY REFUSED, former 35 U.S.C. §135(a); and FURTHER ORDERED that a copy of this judgment shall be entered into the administrative record of the involved Wontok Patent Application Serial Number 12/111,777 and the involved ANT Labs patent, U.S. Patent No. 8,434,148. Interference No. 105,967 4 cc (via email delivery): Attorneys for Junior Party – Wontok, Inc. Robert J. Sacco, Esq. Carol E. Thorstad-Forsyth, Esq. FOX ROTHSCHILD LLP Princeton Pike Corporation Center 997 Lenox Drive BLDG. #3 Lawrenceville, NJ 08648-2311 Email: ipdocket@foxrothschild.com Attorneys for Senior Party – Advanced Network Technology Laboratories Pte Ltd. David Randall, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 333 S. Hope Street, 43 rd Floor Los Angeles, CA 90071 Email: drandall@sheppardmullin.com Marc A. Sockol, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 379 Lytton Avenue Palo Alto CA 94301 Email: msockol@sheppardmullin.com Copy with citationCopy as parenthetical citation