VINOGRADOV et al. V. FLAMM et al. - Page 2




                                                                            Interference No. 104,807           
                                                                                        Page No. 2             
            No. 08/739,037, which lists Flamm, Vinogradov and Yoneyama as co-inventors.                        
                   Generally, the parties have agreed to settle the interference. As explained in the letter to
            APJ Tierney dated September 12, 2002, there was a contract and licensing dispute between           
            Flamm and MC Electronics ("MCE"). (Paper No. 19, letter of September 12, 2002). Due to the         
            dispute, there was a significant period of time where the parties had absolutely no                
            communication. During that time, Flamm filed the Flamm '746 application and MCE filed the          
            application that led to the Vinogradov '034 patent. Communication has now resumed between          
            Flamm and KEM, the successor-in-interest to the intellectual property assets of MCE. As a          
            result of the communications, the parties have discovered that Flamm, Vinogradov arid              
            Yoneyama each were co-inventors for the subject matter of both the Flamm application and the       
            Vinogradov patent. The parties have now agreed to correct the inventorship of the involved         
            Flamm application and Vinogradov patent.                                                           
                   In an effort to conclude the interference, the parties have jointly filed several unopposed 
            motions. Specifically, the parties have filed: 1) a preliminary motion requesting that the         
            inventorship of the Flamm application be corrected (Preliminary Motion 1, Paper No. 17); 2) a      
            preliminary motion requesting that the inventorship of the Vinogradov patent be corrected          
            (Preliminary Motion 2, Paper No. 18); and 3) a miscellaneous motion that requests entry of the     
            following papers:                                                                                  
                   i. Power of Attorney granting Roger S. Borovoy and Hans R. Troesch power to act'            
                         in the involved Flamm '746 application;                                               
                   ii. Terminal Disclaimer in the involved '746 application;                                   
                   iii. Assignment to assign an undivided joint interest in the '034 patent to Flamm;          
                   iv. Assignment to assign an undivided joint interest in the '034 patent to Flamm;           
                   V. Letter explaining the parties' proposed resolution of the issues in the interference.    








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