Teov.Sharp et al.

Patent Trial and Appeal Board

Jan 22, 2014

11694476 (P.T.A.B. Jan. 22, 2014)

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