Martin et al.v.Boyles et al. V. Boyles et al.

Patent Trials and Appeals Board

Jan 26, 2015

12560706 - (J) (P.T.A.B. Jan. 26, 2015)

Mail Stop Interference Entered: January 26, 2015
P.O. Box 1450 Paper 46
Alexandria, VA 22313-1450
BoxInterferences@uspto.gov
Tel: 571-272-4683
Fax: 571-273-0042

UNITED STATES PATENT AND TRADEMARK OFFICE
________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
________________

Everbrite, LLC
Junior Party
(US 8,371,052 B2; and US 8,109,020 B2)
(Inventors: Chad Boyles, Beth Donelly, and Robert Mathson)

v.

C-M GLO, Inc.
Senior Party
(Application No. 13/617,287)
(Inventors: John D. Martin, Aaron W. Smith, Chamy Chiachen Lutz,
and Lisa M. Small)
________________

Patent Interference 105,985 (HHB)
(Technology Center 3600)
________________

Before: DEBORAH KATZ, JOHN G. NEW, and HUNG H. BUI,
Administrative Patent Judges.

BUI, Administrative Patent Judge.

Judgment – Request for Adverse
37 C.F.R. § 41.127(b)
Interference No. 105,985

2

Senior Party C-M GLO filed a Request for Adverse Judgment under 37 1
C.F.R. §41.127(b)(1) as to Count 1 and Count 2 of the interference (Paper 1 at 4–2
7). Paper 44. The Request for Adverse Judgment is GRANTED. 3
Accordingly, it is: 4
ORDERED that judgment on priority as to all Counts (Count 1 and 5
Count 2 of the interference (Paper 1 at 4–7)) be entered against Senior Party C-M 6
GLO; 7
FURTHER ORDERED that claims 26–35, 38, 39, and 41–65 of 8
Senior Party C-M GLO Patent Application Serial Number 13/617,287, which 9
correspond to Count 1 and Count 2 of the interference (Paper 1 at 4–7), are 10
FINALLY REFUSED, 35 U.S.C. §135(a);1 11
FURTHER ORDERED that a copy of this judgment shall be entered 12
into the administrative record of the Junior Party Everbrite involved patents, U.S. 13
Patent No. 8,109,020 B2 and U.S. Patent No. 8,371,052 B2, and the Senior Party 14
C-M GLO involved Patent Application Serial Number 13/617,287; 15
FURTHER ORDERED that if there is any settlement agreement or 16
related documents which have not been filed, attention is directed to 35 U.S.C. 17
§ 135(c) and 37 C.F.R. § 41.205; 18
FURTHER ORDERED that a party seeking judicial review timely 19
serve notice on the Director of the United States Patent and Trademark Office 20
(37 C.F.R. §§ 90.1 and 104.2); and 21

1 “Patent interferences continue under the relevant statutes in effect on 15 March
2013. See Pub. L. 112-29, § 3(n), 125 Stat. 284, 293 (2011).”
Interference No. 105,985

3

FURTHER ORDERED that attention is directed to Biogen Idec MA, 1
Inc., v. Japanese Foundation for Cancer Research, 2014 WL 2167677 (D. Mass. 2
2014). 3
4
NOTICE: “Any agreement or understanding between parties to an interference, 5
including any collateral agreements referred to therein, made in connection with or 6
in contemplation of the termination of the interference, shall be in writing and a 7
true copy thereof filed in the Patent and Trademark Office before the termination 8
of the interference as between the said parties to the agreement or understanding.” 9
35 U.S.C. 135(c); see also Bd.R. 205 (settlement agreements). 10

Interference No. 105,985

4

cc (via email delivery):
Attorney for Junior Party – Everbrite, LLC:

Thomas J. Otterlee, Esq.
Plymouth D. Nelson, Esq.
Michael Best & Friedrich LLP
100 East Wisconsin Ave.
Suite 3300
Milwaukee, WI 53202
Email: tjotterlee@michaelbest.com
Email: pdnelson@michaelbest.com
Email: mkeipdocket@michaelbest.com

Attorney for Senior Party – C-M GLO, Inc.:

Michael T. Griggs, Esq.
Kirk L. Deheck, Esq.
Sarah M. Wong, Esq.
Boyle Frederickson S.C.
840 North Plankinton Ave.
Milwaukee, WI 53203
Email: mtg@boylefred.com
Email: kld@boylefred.com
Email: smw@boylefred.com
Email: docketing@boylefred.com