09390601 (B.P.A.I. Jun. 17, 2004)

Ex Parte Rupert

Board of Patent Appeals and InterferencesJun 17, 2004

09390601 (B.P.A.I. Jun. 17, 2004)

THIS DOCUMENT WAS NOT WRITTEN FOR PUBLICATION AND ISNOT BINDING PRECEDENT OF THE Filed by; Trial Section Merits Panel Paper No. 26 Mail Stop INTERFERENCE Board of Patent Appeals and Interferences United States Patent and Trademark office P.O. Box 1450 Alexandria, Virginia 22313-1450 Tel: 703-308-9797 Fax: 703-305-0942 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES RUPERT INGRAM, FAXED Junior Party, (Patent No. 6,145,559)' JUN 1 7 2004 V. PAT. & TM. OFFICE ANTHONYINGRAM BOARD OF PATENT APPEALS ANDINTERFERENCES Senior Party (Application No. 09/993,019)' Patent Interference No. 105,201 Before LEE, MEDLEY and NAGUMO, Administrative Patent Judges. LEE, Administrative Patent Judge. JUDGMENT - RULE 662 For the reasons given in Paper No. 25, each party has requested entry of adverse judgment, and the requests have been granted. Accordingly, it is ORDERED that judgment as to the subject matter of the sole count, Count 1, is herein entered against both junior party RUPERT INGRAM and senior party ANTHONY INGRAM; I Based on Application 09/390,601, filed September 3, 1999. The real party in interest is Accessio, Ltd. Filed November 13, 2001. Accorded the benefit of Patent No. 6,585,019, based on Application 09/522,623, filed March 10, 2000; and Patent No. 6,105,645, based on Application 09/079,571, filed May 14, 1998. The real party in interest is Airgo IP, LLC. Interference No. 105,201 R. Ingram v. A. Ingram FURTHER ORDERED thatjunior party RUPERT INGRAM is not entitled to claims I 3, 10, 17 and 19-22 of its involved patent; FURTHER ORDERED that senior party ANTHONY INGRAM is not entitled to claims 18-22 of its involved application; FURTHER ORDERED that if there is a settlement agreement, the parties should note the requirements of 35 U.S.C. Â§ 135(c) and 37 CFR Â§ 1.666; and FURTHER ORDERED that a copy of this judgment be placed in the respective involved application or patent of the parties. /J96neson Lee 'Administrative Patent Judge BOARD OF PATENT Sally C. Wdley APPEALS Administrative Patent Judge AND INTERFERENCES R'6a Nagumo Administrative Patent JYge 2 Interference No. 105,201 R. Ingram v. A. Ingrain By Facsimile: Counsel for Senior Party: 213-896-2450 (Fax) Richard E. Lyon, Jr., Esq. Holland & Knight LLP 633 West Fifth Street, 21" Floor Los Angeles, California 90071-2040 Counsel for Junior Party: 617-248-4000 (Fax) Valery B. Rosen, Esq. CHOATE, HALL & STEWART Exchange Place 53 State Street Boston, MA 02109-2891 3