Fraunhofer et al.

Patent Trial and Appeal Board

Dec 20, 2017

12325049 (P.T.A.B. Dec. 20, 2017)

BoxInterferences@uspto.gov Filed: December 20, 2017
Tel: 571-272-9797

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

WOLFGANG FRAUNHOFER,
ANNIKA BARTL, HANS-JUERGEN KRAUSE,
MARKUS TSCHOEPE, and KATHARINA KALETA,
Junior Party
(Patent 8,420,081),

v.

YATIN R. GOKARN,
EVA KRAS, RICHARD LOUIS REMMELE JR.,
DAVID BREMS, and SUSAN IRENE HERSHENSON,
Senior Party
(Application 13/797,622 and 13/188,329),

Patent Interference No. 106,057
(Technology Center 1600)

Before RICHARD E. SCHAFER, SALLY GARDNER LANE, and
DEBORAH KATZ, Administrative Patent Judges.

LANE, Administrative Patent Judge.

JUDGMENT - Bd. R. 127(b)

2

In an order entered December 11, 2017, claims 34-38 and 66-81 of Gokarn 1
application 13/188,329, claims 66-69, 73-76, 93-106, 111, and 112 of Gokarn 2
application 13/797,622, and claims 120-134 of Fraunhofer patent 8,420,081were 3
determined to be unpatentable. (Order, Paper 272). Gokarn is therefore left with a 4
single claim, claim 82 of application 13/188,329, corresponding to the current 5
count, Count 2. (Third Redeclaration, Paper 273). 6
Senior Party Gokarn has since filed a concession of priority and a request for 7
adverse judgment as to Count 2. (Gokarn Request, Paper 275). 8
Final judgment is entered accordingly. 9
10
Order 11
It is 12
ORDERED that judgment on priority as to Count 2, the sole count of the 13
interference, is entered against senior party Gokarn (Third Redeclaration, 14
Paper 273, at 2); 15
FURTHER ORDERED that claim 82, corresponding to Count 2, and 16
claims 34-38 and 66-81, of Gokarn application 13/188,329 and claims 66-69, 73-17
76, 93-106, 111, and 112 of Gokarn application 13/797,622, are FINALLY 18
REFUSED, 35 U.S.C. § 135(a);1 19
FURTHER ORDERED that claims 120-134 of Fraunhofer patent 8,420,081 20
are CANCELLED, 35 U.S.C. § 135(a); 21

1 Any reference to a statute in this Judgment is to the statute that was in effect
on March 15, 2013 unless otherwise indicated. See Pub. L. 112-29, § 3(n), 125
Stat. 284, 293 (2011).

3

FURTHER ORDERED that the parties are directed to 35 USC § 135(c) and 1
Bd. R. 205 regarding the filing of settlement agreements; and 2
FURTHER ORDERED that a copy of this judgment be entered into the 3
administrative records of the involved Fraunhofer patent and Gokarn applications. 4

cc:

Attorney for Fraunhofer:

Thomas E. Friebel
Anthony M. Insogna
JONES DAY
tefriebel@jonesday.com
aminsonga@jonesday.com

Attorney for Gokarn:

Brenton B. Babcock
Brendon Gingrich
Eli A. Loots
William O. Adams
KNOBBE, MARTENS, OLSON & BEAR, llp
boxgoharn@knobbe.com