DeVaul et al.v.Knoblach et al.

Patent Trial and Appeal Board

Aug 31, 2016

14328331 (P.T.A.B. Aug. 31, 2016)

BoxInterferences@uspto.gov Entered: 31 August 2016
Tel: 571-272-7822

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

Richard Wayne DeVaul,
Eric Teller, Clifford L. Biffle,
Josh Weaver
and
Dan Piponi,
Junior Party
(Patent 8,820,678),

v.

Gerald M. Knoblach
Eric A. Frische
and
Bruce Alan Barkley,
Senior Party
(Application 14/328,331).

Patent Interference No. 106,058 (JTM)
(Technology Center 3600)

Before: RICHARD E. SCHAFER, ROMULO H. DELMENDO, and
JAMES T. MOORE, Administrative Patent Judges.

MOORE, Administrative Patent Judge.

JUDGMENT
37 CFR § 41.127

A conference call before Judge James T. Moore to discuss authorization of 1
motions was held at 4 PM on 26 June 2016. 2
Mr. Krumholz, Counsel for Junior Party DeVaul, indicated that Junior Party 3
DeVaul did not intend to contest priority in this case. 4
We interpret this as a concession of priority. See 37 CFR § 41.127(b)(3) and 5
37 CFR § 41.127(b)(4). 6
In view of the foregoing, it is— 7
8
ORDERED that judgment be entered against Junior Party DeVaul for count 9
1 (Paper 1); 10
11
FURTHER ORDERED that claims 1–24 of Junior Party DeVaul’s involved 12
US Patent 8,820,678 be CANCELED, 35 U.S.C. § 135(a); and 13
14
FURTHER ORDERED that a copy of this judgment be entered in the 15
administrative records of the involved patent and application. 16
17
FURTHER ORDERED that a party seeking judicial review timely serve 18
notice on the Director of the United States Patent and Trademark Office. 19
37 C.F.R. §§ 90.1 and 104.2. 20

NOTICE: "Any agreement or understanding between parties to an interference,
including any collateral agreements referred to therein, made in connection with or
in contemplation of the termination of the interference, shall be in writing and a
true copy thereof filed in the Patent and Trademark Office before the termination
of the interference as between the said parties to the agreement or understanding."
35 U.S.C. 135(c); see also Bd.R. 205 (settlement agreements).

cc (via e-mail):

Attorney for Junior Party DeVaul:

Arnold H. Krumholz
Andrew T. Zidel
Lerner, David, Littenberg,
Krumholz & Mentlik, LLP
akrumholz@lernerdavid.com
azidel@lernerdavid.com

Attorney for Senior Party Knoblach:

Bryan P. Collins
Robert CF Perez
Pillsbury Winthrop Shaw Pittman LLP
bryan.collins@pillsburylaw.com
robert.perez@pillsburylaw.com