Lo et al.v.Quake et al.

Patent Trial and Appeal Board

Apr 7, 2014

12393833 (P.T.A.B. Apr. 7, 2014)

BoxInterference@uspto.gov
571.272.4683 Filed : April 7, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

YUK-MING DENNIS LO, ROSSA WAI KWUN CHIU, and
KWAN CHEE CHAN
Junior Party
(Application 12/178,181; 13/070,240; 12/614,350; and 13/070,251),

v.

STEPHEN QUAKE and HEI-MUN CHRISTINA FAN
Senior Party
(Application 12/393,833).

Patent Interference No. 105,923 (DK)
(Technology Center 1600)

Judgment – Bd.R. 127

Before, FRED E. McKELVEY, RICHARD E. SCHAFER, and DEBORAH
KATZ, Administrative Patent Judges.

KATZ, Administrative Patent Judge.

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In view of the Decision on Motions (Paper 232), it is
ORDERED that judgment be entered against Quake for Count 1 (see
Paper 1);
FURTHER ORDERED that claims 25, 29, 32, 40, 42, 78, 79, 86, 87, 90, 91,
93, 95, 97, and 98-101 of Quake's involved application 12/393,833 be FINALLY
REFUSED 35 U.S.C. 135(a);
FURTHER ORDERED that a copy of this judgment be entered in the
administrative records of the involved 12/393,833 application and Lo
applications 12/178,181, 13/070,240, 12/614,350, and 13/070,251.
FURTHER ORDERED that a party seeking judicial review timely serve
notice on the Director of the United States Patent and Trademark Office. 37 C.F.R.
§§ 90.1 and 104.2.

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).

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cc (via electronic delivery):

Attorney for Lo:

Michele C. Bosch
Steven P. O’Connor
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Email: michele.bosch@finnegan.com
Email: steven.oconnor@finnegan.com

Michael J. Wise
Perkins Coie, LLP
Email: mwise@perkinscoie.com

Attorney for Quake:

R. Danny Huntington
Sharon E. Crane
Rothwell, Figg, Ernst & Manbeck, PC
Email: dhuntington@rfem.com
Email: scrane@rfem.com