Hsu et al.v.Henty

Patent Trial and Appeal Board

Oct 9, 2012

11428279 (P.T.A.B. Oct. 9, 2012)

BoxInterference@uspto.gov Paper 26
Telephone: 571-272-4683 Filed: October 9, 2012

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

FENG-HSIUNG HSU and RUI GAO
Junior Party
(Patent No. 8,013,838)1

v.

DAVID L. HENTY
Senior Party
(Application No. 11/255,647)2

Patent Interference No. 105,892 (JL)
(Technology Center 2600)

Before: JAMESON LEE, JONI Y. CHANG, and MICHAEL R. ZECHER,
Administrative Patent Judges.

LEE, Administrative Patent Judge.

Judgment – Request for Adverse – Bd. R. 127(b)
1

1 Based on Application 11/428,279, filed June 30, 2006. The real party in
interest is Microsoft Corporation.

2 Filed October 21, 2005. Accorded the benefit of Provisional Application
60/622,143, filed October 25, 2004. The real party in interest is I-Interactive LLC.
Interference No. 105,892
Hsu v. Henty

-2-
On October 4, 2012, junior party Hsu filed a paper abandoning the contest in 1
this interference. (Paper 25). An abandonment of contest is treated as a request for 2
entry of adverse judgment. The request is granted. 3
It is 4
ORDERED that judgment on priority as to Count 1 is entered against junior 5
party FENG-HSIUNG HSU and RUI GAO; 6
FURTHER ORDERED that claims 1-6, 9-13, 15, and 17-19 of junior 7
party’s involved Patent 8,013,838, which correspond to Count 1, are herein 8
cancelled; 9
FURTHER ORDERED that the parties shall note the requirements of 10
35 U.S.C. §135(c) and Bd.R. 205; and 11
FURTHER ORDERED that a copy of this judgment shall be entered into 12
the file of Patent 8,013,838 and Application 11/255,647. 13

Interference No. 105,892
Hsu v. Henty

-3-
By Electronic Transmission:

For Junior Party Hsu:

Lance D. Reich, Esq.
LEE & HAYES, PLLC
lance@leehayes.com
lhdocket@leehayes.com

Judy Kadoura Yee, Esq.
Microsoft Corporation
judyyee@microsoft.com

For Senior Party Henty:

David L. Henty, Esq.
dhenty@i-interactive.com