ORDERED that judgment on priority as to the subject matter of Count 2 (Paper 140,
pp.1-2) is awarded against the senior party, TAKUYA TAMATANI and KATSUNARI TEZUKA;
FURTHER ORDERED that senior party, TAKUYA TAMATANI and
KATSUNARI TEZUKA is not entitled to a patent containing Claims 70-79 of Application
10/301,056 and Claims 55-72 and 90-99 of Application 09/383,551 (all corresponding to Count 2);
FURTHER ORDERED that judgment on priority as to the subject matter of Count
3 (Paper 140, pp.2-3) is awarded against the junior party, RICHARD KROCZEK;
FURTHER ORDERED that junior party, RICHARD KROCZEK, is not entitled to
a patent containing Claims 97, 98 and 150-153 of Applications 09/509,283 (all corresponding to
Count 3);
FURTHER ORDERED that a copy of this judgment be made of record in the files
of Applications 09/509,283; 09/823,307; 09/972,524; 09/383,551; 09/561,308, and 10/301,056;
FURTHER ORDERED that if there is any settlement agreement, attention is
directed to 35 U.S.C. § 135(c) and 37 CFR § 41.205.
cc (FAX):
Attorneys for Kroczek: Attorneys for Tamatani:
Samuel B. Abrams John Kilyk, Jr.
JONES DAY LEYDIG, VOIT & MAYER, LTD.
222 East 41st Street Two Prudential Plaza, Suite 4900
New York, NY 10017 180 N. Stetson Avenue
Tel: 212-326-3939 Chicago, IL 60601
Fax: 212-755-7306 Tel: 312-616-5600
Fax: 312-616-5700
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Last modified: November 3, 2007