SHAH et al.v.ISHAMDownload PDFPatent Trial and Appeal BoardJul 27, 201813313449 (P.T.A.B. Jul. 27, 2018) Copy Citation BoxInterferences@uspto.gov Filed: July 27, 2018 Tel: 571-272-9797 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ TILAK M. SHAH and CHRISTOPHER D. STROM, Patent 7,976,497, Junior Party, v. JOHN ISHAM, Application 13/313,449, Senior Party. Patent Interference No. 106,092 (DK) Judgment 37 C.F.R. § 41.127(b)(1) Before SALLY GARDNER LANE, JAMES T.MOORE, and DEBORAH KATZ, Administrative Patent Judges. DEBORAH KATZ, Administrative Patent Judge. On 25 July 2018, Senior Party Isham filed a request for adverse judgment, in light its abandonment of its involved application. (See Paper 70; see Express Abandonment under 37 C.F.R. § 1.138 in application 13/313,449, filed 16 July 2018.) Accordingly, we enter judgment against Isham. Inteference 106,092 -2- It is ORDERED that all of the claims of Baldwin’s involved application 13/313,449, i.e., claims 21, 22, and 24, are FINALLY REFUSED; FURTHER ORDERED that the parties are directed to 35 U.S.C. § 135(c) and to 37 C.F.R. § 41.205 regarding the filing of settlement agreements; FURTHER ORDERED that a copy of this judgment shall be entered into the administrative record of involved application 13/313,449 and patent 7,976,497; FURTHER ORDERED that, if a party seeks judicial review, the party must file a notice with the Board within seven days of initiating judicial review. 37 C.F.R. § 41.8(b). We direct the parties’ attention to Biogen Idec MA, Inc., v. Japanese Foundation for Cancer Research, 785 F.3d 648, 657 (Fed. Cir. 2015). cc (via e-mail): Attorney for Junior Party Shah: Steven Hultquist Peter H. Priest HULTQUIST IP hultquist@hultquistip.com ppriest@hultquistip.com Attorney for Senior Party Isham: Tamsen Valoir Meng-Tien Hsieh Sparkle T. Ellison BOULWARE & VALOIR tvaloir@boulwarevaloir.com shsieh@boulwarevaloir.com sellison@boulwarevaloir.com Copy with citationCopy as parenthetical citation
