Interference No. 104,745
(LX 1060)(hereinafter "Laser Science internal order"), both of which give the date the repair
order was given to Laser Science as 14 January 1998.31 Consequently, there is an unexplained
seven-day delay in placing the repair order with Laser Science. As explained below, there is also
another, longer period of unexcused inactivity.
The estimated date for delivery of the repaired laser was given as 15 March 1998 in the
Request for Order (LX 1066) and as 18 March 1998 in the Laser Science internal order
(LX 1060). However, the repair was completed no later than 17 February 1998, when the
repaired laser was shipped from Laser Science to Dr. Baldwin via UPS Ground, the method of
shipment specified in the Request for Order and in the Laser Science internal order, in which
"6 UPS" means UPS Ground. Ferreira Decl. (LX 1058) ¶ 9. Ms. Ferreira explained that UCSF
would have been advised at the time of the order that UPS Ground shipments to California
typically took five to seven business days. Ferreira Decl. (LX 1058) ¶ 12. Bai contends that
Laiko's request for shipment via UPS Ground shows a lack of reasonable diligence because for
as little as ninety-five dollars less the cost spent for shipping via UPS Ground, Laiko could have
specified shipment by an overnight courier. BOppBr 65. This argument fails because an
inventor is not required to choose the most expeditious course. Interference Law and Practice
31 This is also the day on which Drs. Laiko, Burlingame, and Baldwin met and "discussed
the status of the laser repair, further resources for the AP-MALDI set up, including its
organization." Laiko Decl. (LX 1037) ¶ 53; Baldwin Decl. (LX 1074) ¶ 54. This meeting is
noted in LX 1077, the 14 January 1998 page of Dr. Burlingame's personal calendar, as "Victor
Laiko/Mike Baldwin."
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