1 Phillips has filed a request for adverse judgment (Paper 44). Specifically,
2 Phillips has informed the Board that, pursuant to a settlement agreement, Phillips
3 concedes priority of invention as to Count 1, the sole count in interference to
4 White.
5 It is:
6 Ordered that judgment on priority of invention as to Count 1, the sole count
7 in interference, is awarded against Junior Party Phillips.
8 Further Ordered that Junior Party Phillips is not entitled to a patent
9 containing claims 1-22 of Phillips 6,552,106 and claims 1-26 of Phillips 6,323,266,
10 all of which correspond to Count 1.
11 Further Ordered that a copy of this paper shall be made of record in the
12 files of Phillips U.S. Patents 6,552,106 and 6,323,266 and White U.S. Application
13 10/304,501.
14 Further Ordered that the parties’ attention is directed to 35 U.S.C. §135(c)
15 and Bd. R. 205.
16
17
/ss/ Romulo H. Delmendo )
ROMULO H. DELMENDO )
) BOARD OF
/ss/ Sally G. Lane ) PATENT
SALLY G. LANE ) APPEALS AND
)INTERFERENCES
/ss/ Michael P. Tierney )
MICHAEL P. TIERNEY )
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Last modified: September 9, 2013