Ishiyama et al.v.Ikeda

Patent Trial and Appeal Board

May 17, 2017

13982443 (P.T.A.B. May. 17, 2017)

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BoxInterferences@uspto.gov Entered: May 17, 2017
Tel: 571-272-9797 Paper 12

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________

Mitsubishi Materials Corporation,
Junior Party
(Application 13/982,443,
Inventors: Kouichi Ishiyama, Sohei Nonaka, Masanori Yosuke, and
Hideharu Matsuzaki),

v.

Mitsui Mining & Smelting Co., Ltd.,
Senior Party
(Patent 9,011,653
Inventor: Makoto Ikeda).

Patent Interference No. 106,071(JTM)
(Technology Center 1700)

Before: RICHARD E. SCHAFER, ROMULO H. DELMENDO, and
JAMES T. MOORE, Administrative Patent Judges.

MOORE, Administrative Patent Judge

JUDGMENT
37 C.F.R. § 41.127

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An electronic email message was received April 13, 2017 from lead counsel 1
for Junior Party Mitsubishi Materials Corporation. A copy of that email is entered 2
into the record as Paper 11. 3
Paper 11 requests “default judgment” be entered against the Junior Party. 4
We interpret this as a concession of priority and request for adverse 5
judgment. See 37 CFR § 41.127(b)(3) and 37 CFR § 41.127(b)(4). 6
In view of the foregoing, it is— 7
8
ORDERED that judgment be entered against Junior Party Mitsubishi 9
Materials Corporation for count 1 (Paper 1); 10
11
FURTHER ORDERED that claims 1–7 of Junior Party Mitsubishi Materials 12
Corporation’s involved US Patent Application 13/982,443 be finally refused, 35 13
U.S.C. § 135(a); and 14
15
FURTHER ORDERED that a copy of this judgment be entered in the 16
administrative records of the involved patent and application. 17
18
FURTHER ORDERED that a party seeking judicial review timely serve 19
notice on the Director of the United States Patent and Trademark Office. 20
37 C.F.R. §§ 90.1 and 104.2. 21

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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Attorney for Mitsubishi Materials Corporation:
Jamie E. Armstrong, IV
Alan B. Clement
Locke Lord, LLP
jamie.armstrong@lockelord.com
aclement@lockelord.com

Attorney for Mitsui Mining and Smelting Co., Ltd.:
Kent E. Baldauf, Jr.
Paul M. Reznick
Bryan P. Clark
The Webb Law Firm, P.C.
litigation@webblaw.com
preznick@webblaw.com
bclark@webblaw.com