Interference No. 105,139
Ritz v. Hill
confirmed that the real party in interest is now the same for both parties. On October 7, 2003, an
order was issued for Ritz Telecommunications, Inc. as the common real party in interest to elect
which party is entitled to priority, and on October 16, 2003, an election was made, via telephone
conference call (Paper No. 24) that the junior party is entitled to priority. Accordingly, it is
ORDERED that judgment as to the subject matter of Count 1 is hereby entered against
the senior party DONALD E. HILL, CHARLES D. RITZ and DAVID W. CASH;
FURTHER ORDERED that senior party DONALD E. HILL, CHARLES D. RITZ and
DAVID W. CASH is not entitled to its application claims 1-38 which correspond to Count 1;
FURTHER ORDERED that if there is a settlement agreement, the parties should note
the requirements of 35 U.S.C. § 135(c) and 37 CFR § 1.666; and
FURTHER ORDERED that a copy of this judgment be filed in the respective involved
application or patent of the parties.
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