PONATH et al. V. Luster et al. - Page 2



       1        Luster requests adverse judgment. (Paper 30).                                   
       2        Upon consideration of the record of the interference and for reasons            
       3   given, it is                                                                         
       4              ORDERED that judgment on priority as to Count 1, the sole                 
       5   count of the interference, is entered against junior party ANDREW D.                 
       6   LUSTER, PHILIP LEDER, MARC ROTHENBERG, and EDUARDO                                   
       7   GARCIA;                                                                              
       8              FURTHER ORDERED that junior party ANDREW D. LUSTER,                       
       9   PHILIP LEDER, MARC ROTHENBERG, and EDUARDO GARCIA is not                             
      10   entitled to a patent containing claims 3, 8, and 9 of patent 6,780,973, which        
      11   claims correspond to Count 1;                                                        
      12              FURTHER ORDERED that, if there is a settlement agreement,                 
      13   the parties are directed to 35 USC §135(c) and Bd. R. 205; and                       
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