CHRIST et al. V. BLAKE - Page 18




          Interference No. 103,435                                                    




               We turn now to the Junior party’s argument that the                    
          invention of the Junior party was directly communicated to                  
          Larry Blake.  The Junior party alleges the invention was                    
          communicated by Kenneth Mayhan.  Kenneth Mayhan testifies that              
          he “generally discussed the plasma work we were doing on                    
          haptics with Blake” (C.R. 0157).  Kenneth Mayhan does not                   
          testify about exactly what was discussed with Larry Blake.                  
          Larry Blake denies that this conversation ever took place or                
          that he was ever in the Technologies and Ventures laboratory.               
               The Junior party has cited several reasons why Larry                   
          Blake’s testimony about the communication about the invention               
          should not be viewed as credible.  The Junior party points to               
          the fact that Mark Tung and Jim Davenport both testify that                 
          Larry Blake knew about plasma while at Allergan while Larry                 
          Blake testifies that he was not knowledgeable about plasma                  
          while at Allergan.  The Junior party also points out that                   
          Larry Blake “acquired” a corona discharge instrument while                  
          working at Edward’s Lab and stored the corona discharge                     
          instrument in his garage and that Larry Blake was a defendant               
          in a trade secret lawsuit with a former employer.                           

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