Interference No. 105,089 Paper 62
Agilent Techs., Inc. v. Affymetrix, Inc. Page 2
any of the other pending motions. This judgment ends the interference before the filing
of oppositions, in which the parties would ordinarily challenge the facts or
characterizations in the motions. Given the entry of this judgment, further filings simply
to challenge statements of fact would not be an effective use of anyone's resources.
See 37 C.F.R. § 1.601 (requiring just, fast, and inexpensive administration). Instead, all
other pending motions are dismissed as moot.
ORDER
Upon consideration of the Agilent preliminary motion 5, it is:
ORDERED that all pending motions other than Agilent preliminary motion 5 be
DISMISSED as moot;
FURTHER ORDERED that junior party Agilent is not entitled to a patent
containing claims 1-18 of its 5,922,534 patent, which correspond to Count 1;
FURTHER ORDERED that junior party Agilent is not entitled to a patent
containing claims 1-5 of its 6,255,053 patent, which correspond to Count 1;
FURTHER ORDERED that senior party Affymetrix is not entitled to a patent
containing claims 8-40 of its 09/614,068 application, which correspond to Count 1;
FURTHER ORDERED that the preliminary statements be returned; and
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Last modified: November 3, 2007