RICHARDSONv.Miller et al.

Patent Trial and Appeal Board

Mar 30, 2016

13727512 (P.T.A.B. Mar. 30, 2016)

BoxInterferences@uspto.gov Paper 131
Tel: 571-272-9797 Entered 30 March 2016

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

ROGER GLENN MILLER, LARRY KENT BARNTHOUSE
and ROBERT GEORGE RICHARDSON
Junior Party
Application 14/666,199,

v.

ROBERT GEORGE RICHARDSON
Senior Party
U.S. Patent 9,144,769 B2.

Patent Interference No. 106,040 (McK)
Technology Center 1700

Before FRED E. McKELVEY, SALLY GARDNER LANE, and
DEBORAH KATZ, Administrative Patent Judges.

McKELVEY, Administrative Patent Judge.

JUDGMENT
In view of the Decision on Miller Motion 1 (Paper 130), it is
ORDERED that judgment be entered against Senior Party Robert George
Richardson as to Counts 1–3 (Paper 1, pages 4–6);
FURTHER ORDERED that claims 1–4 of Senior Party Richardson’s
involved U.S. Patent 9,144,769 B2 be cancelled (35 U.S.C. 135(a)); and
FURTHER ORDERED that a copy of this judgment be entered in the
Interference 106,040
Judgment

2

administrative records of U.S. Patent 9,144,769 B2 and application 14/666,199.

FURTHER ORDERED that a party seeking judicial review timely serve
notice on the Director of the United States Patent and Trademark Office.
37 C.F.R. §§ 90.1 and 104.2.

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 37 C.F.R. § 41.205 (settlement agreements).

Interference 106,040
Judgment

3

Attorney for Miller:

Brenton R. Babcock
Jared C. Bunker
Rose M. Thiessen
Michael A. Guiliana
KNOBBE, MARTENS, OLSON & BEAR, LLP
BoxMiller@knobbe.com

Attorney for Richardson:

Royal W. Craig
OBER, KALER, GRIMES & SHRIVER
rwcraig@ober.com