1 Sonja Despertt, a Trial Division Paralegal, contacted Andrew Parial, a
2 registered patent attorney (Registration No. 50,382), who stated that he represents
3 the real party in interest (Abbott Laboratories) for Junior Party Adjei. Mr. Parial
4 informed Ms. Despertt that Abbot Laboratories would not be going forward with
5 the interference, i.e., abandoning the contest. Abandonment of the contest under
6 37 C.F.R. § 41.127(b)(4) is construed as a request for adverse judgment. 37 C.F.R.
7 § 41.127(b).
8 It is:
9 ORDERED that judgment on priority as to Count 1, the sole count in
10 interference, is awarded against Junior Party Adjei.
11 FURTHER ORDERED that Junior Party Adjei is not entitled to a patent
12 containing claims 1-4, 7-9, 11-18, and 21-26 of U.S. Patent No. 6,136,294 C1, all
13 of which correspond to Count 1.
14 FURTHER ORDERED that a copy of this paper shall be made of record in
15 the files of application 10/668,840 and U.S. Patent No. 6,136,294 C1.
16 FURTHER ORDERED that should there be a settlement agreement, the
17 parties attention is directed to 35 U.S.C. §135(c) and 37 C.F.R. §41.205.
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Last modified: September 9, 2013