Interference No. 103,435
raised in the Senior party’s motion under 37 CFR §§
1.635/1.618(a)/1.645(b) regarding the admissibility of Christ
evidence is moot.
The Junior party’s allegation of inequitable conduct by
Larry Blake
The Junior party argues that the Senior party’s failure
to disclose to the Patent and Trademark Office the prior
invention of the Junior party is inequitable conduct. The
Junior party also argues that the Senior party had
constructive knowledge of the prior invention of Christ
because when Larry Blake first brought the Larry Blake
disclosure to the law firm of Knobbe, Marten, Olson and Bear
(“Knobbe”), the Knobbe law firm had already received the
Christ disclosure. In addition, the Junior party states that
there was an apparent “mingling” of the files because a corona
brochure which Larry Blake remembers giving to the Knobbe firm
was found in the Christ application. The Junior party further
alleges that the Knobbe firm conducted a literature search on
the publications of Dr. Mayhan, who was the director of the
Technology and Ventures laboratory in which the Junior party
26
Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: November 3, 2007