1 Upon consideration of Washburn Motion 1 (Paper 56) and for the
2 reasons given in MEMORANDUM OPINION AND ORDER (Paper 62)
3 entered concurrently herewith, it is
4 ORDERED that judgment on priority as to Count 1 (Paper 1,
5 page 8) is awarded against Senior Party HIDEKI FUJIKURA, NOBUHIKO
6 FUSHIMI, TOSHIHIRO NISHIMURA and KAZUYA TATANI.
7 FURTHER ORDERED Senior Party HIDEKI FUJIKURA,
8 NOBUHIKO FUSHIMI, TOSHIHIRO NISHIMURA and KAZUYA
9 TATANI is not entitled to a patent containing claims 1-3, 14, 17-20 and 23
10 (corresponding to Count 1) of Fujikura application 10/221,843.
11 FURTHER ORDERED that judgment on priority as to Count 2
12 (Paper 1, page 9) is awarded against Junior Party WILLIAM N.
13 WASHBURN, PHILIP M. SHER and GANG WU.
14 FURTHER ORDERED that Junior Party WILLIAM N.
15 WASHBURN, PHILIP M. SHER and GANG WU is not entitled to a patent
16 containing claims 24-25 (corresponding to Count 2) of Washburn U.S.
17 Patent 6,683,056 issued 27 January 2004.
18 FURTHER ORDERED that if there is a settlement agreement,
19 attention is directed to 35 U.S.C. § 135(c).
20 FURTHER ORDERED that a copy of this JUDGMENT shall
21 be placed in the files of (1) Washburn Patent 6,683,056 and (2) Fujikura
22 application 10/221,843.
2
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