09281623 (B.P.A.I. Oct. 28, 2003)

Ex Parte Silvestrini

Board of Patent Appeals and InterferencesOct 28, 2003

09281623 (B.P.A.I. Oct. 28, 2003)

The opinion in support of the decision being entered today is not binding precedent of the Board. Filed by: Trial Section Merits Panel Paper No. 28 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 FAXED .OCI 2 0 200Ã½ JOSEPH Y. LEE, Junior Party, a7J.1. OFPCE (U.S. Patent Nos. 5,733,334; 6,066,170 00OU 0 5,855,604 and 5,876,439)' ARD V. THOMAS A. $ILVESTRIM Senior Party, (Application 09/281,623 ) 2 Patent Interference No. 105,020 Before LEE, MEDLEY and NAGUMO, Administrative Patent Judges. LEE, Administrative Patent Judge. JudLymen The real party in interest is MicroOptix LLC. Accorded the benefit of Application 08/761,362, filed December 9, 1996. 2 Filed March 30, 1999. The real party in interest is Addtion Technology, Inc. Accorded the benefit of Application 08/976,378, filed November 21, 1997; Application 08/579,45 1, filed December 27, 1995; and Application 07/927,165, filed August 7, 1992. Interference No. 105,020 Lee v. Silvestrini Junior party has failed to file a response to the show cause order dated October 7, 2003. Accordingly, it is now time appropriate to enterjudgment. It is ORDERED that judgment as to the subject matter of Counts I and 2 is herein entered against junior party JOSEPH Y. LEE; FURTHER ORDER-ED that junior party JOSEPH Y. LEE is not entitled to claims 28, 30-33, and 35-37 of its Patent No. 5,733,334, claims 1-3 of its Patent No. 6,066,170, claims 18, 20, 21, 25 and 28 of its Patent No. 5,855,604, and claims 1-3, 5-7, 11, and 16-23 of its Patent No. 5,876,439, all of which correspond to Count 1; FURTHER ORDERED that junior party JOSEPH Y. LEE is not entitled to claims 1, 2 and 6 of its Patent No. 5,733,334, which correspond to Count 2; 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. 2 Interference No. 105,020 Lee v. Silvestrini A% ,Ifne.sÃ½.n Lee nunistrative Patent Judge BOARD OF PATENT Sally C. Aledley APPEALS Administrative Patent Judge AND INTERFERENCES Mark Nagumo Administrative P6 rJudge - 3 Interference No. 105,020 Lee v. Silvestrini By Facsimile: Junior party Joseph Y. Lee: 213-380-3937 (Fax) Dr. Joseph Y. Lee MicroOptix LLC 3920 Wilshire Boulevard Los Angeles, California 90010 Attorney for senior party Silvestrim: 703-760-7777 (Fax) Barry E. Bretschneider, Esq. Morrison & Foerster LLP 1659 Tysons Boulevard, Suite 300 McLean, Va 22101-3915 4