Interference No. 105,336
Hartman v. Boyovich
1 3. Junior party Hartman has been accorded priority benefit with respect to Count 1
2 to Application 08/755,137, filed November 20, 1996.
3 4. Senior party Boyovich is involved on the basis of its Patent No. 5,811,738, based
4 on Application 08/758,283, filed November 8, 1996.
5 5. Senior party Boyovich’s real party in interest is Larry D. Santi and Creative
6 Microsystems, Incorporated. See Paper No. 5.
7 6. On June 9, 2006, an order was issued (Paper No. 3) directing junior party
8 Hartman to show cause, within twenty (20) days of the date of the order, why judgment should
9 not be summarily entered against Hartman.
10 Discussion
11 As of August 7, 2006, junior party Hartman filed no response to the show cause order.
12 Therefore, it is now time appropriate for entering judgment against junior party Hartman.
13 Judgment
14 It is
15 ORDERED that judgment on priority as to the subject matter of Count 1 is herein
16 entered against junior party JAMES M. HARTMAN;
17 FURTHER ORDERED that junior party JAMES M. HARTMAN is not entitled to its
18 application claims 7-14 which correspond to Count 1;
19 FURTHER ORDERED that if there is a settlement agreement, the parties should note
20 the requirements of 35 U.S.C. § 135(c) and Bd. Rule 205; and
21 FURTHER ORDERED that a copy of this judgment be placed in the respective
22 involved application or patent of the parties.
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