Friel et al.v.McCowen et al.

Patent Trial and Appeal BoardOct 31, 2012

12399176 (P.T.A.B. Oct. 31, 2012)

BoxInterference@uspto.gov Paper 044 Telephone 571-272-4683 Filed: October 31, 2012 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD STEVEN A. MCCOWEN and CHARLES KAIN, Junior Party (Patent No. 7,467,991), v. DANIEL D. FRIEL, SR., ROBERT P. BIGLIANO, DANIEL D. FRIEL, JR., and ABRAHAM LEIBSON, Senior Party (Application 12/399,176). Patent Interference No. 105,900 (TLG) (Technology Center 3700) Before: JAMESON LEE, SALLY C. MEDLEY, and THOMAS L. GIANNETTI, Administrative Patent Judges. GIANNETTI, Administrative Patent Judge. Judgment – Br. R. 127(b) On October 24, 2012, junior party McCowen filed a paper “MOTION 2 – 1 REQUEST FOR ADVERSE JUDGMENT” in which McCowen requests the Board 2 pursuant to 37 C.F.R. § 41.127(b)(4) to enter judgment against McCowen as to the 3 claims corresponding to the sole count (“Count 1”) in the Interference. 4 McCowen’s Patent 7,467,991 contains claims 1-27. Of these claims, the 5 following correspond to Count 1 and are therefore involved in the Interference: 6 claims 1, 2, 5-10, 13-17, and 19-27 7 McCowen’s request for adverse judgment is herein granted. 8 In consideration of the foregoing, it is, therefore, 9 ORDERED that judgment on priority as to Count 1 is entered against junior 10 party McCowen and in favor of senior party Friel; 11 FURTHER ORDERED that involved claims 1, 2, 5-10, 13-17, and 19-27 12 of McCowen’s Patent 7,467,991 are herein cancelled; 13 FURTHER ORDERED that the parties shall note the requirements of 35 14 U.S.C. § 135(c) and Bd.R. 205; and 15 FURTHER ORDERED that a copy of this judgment be entered in the file 16 of Patent 7,467,991 and Application 12/399,176. 17 By Electronic Transmission: Attorneys for Junior Party McCowen Jeffrey B. Haendler Joseph T. Jakubek Klarquist Sparkman LLP One World Trade Center Suite 1600 Portland, OR 97204 jeffrey.haendler@klarquist.com joseph.jakubek@klarquist.com Attorneys for Senior Party Friel Robert G. McMorrow, Jr. Harold Pezzner Connolly Bove Lodge and Hutz LLP 1007 North Orange Street P.O. Box 2207 Wilmington, DE 19899 rmcmorrow@cblh.com hpezzner@cblh.com

Friel et al. V. McCowen et al.