Xu et al.v.Gordon et al. V. Xu et al. V. Xu et al.Download PDFPatent Trials and Appeals BoardOct 31, 201212119362 - (J) (P.T.A.B. Oct. 31, 2012) Copy Citation Mail Stop Interference Paper 38 P.O. Box 1450 Entered: Oct. 31, 2012 Alexandria, VA 22313-1450 Tel: 571.272.4683 Fax: 571.273.0042 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ President and Fellows of Harvard College, Junior Party (Application 12/535,324, Inventors: Roy G. Gordon and Booyong S. Lim), v. Rohm and Haas Electronic Materials LLC Senior Party (Patents 7,166,732; 7,371,880; and 7,531,031; Inventors: Chongying Xu, Alexander Borovik and Thomas H. Baum). Patent Interference 105,856 (Technology Center 1600) Before RICHARD E. SCHAFER, SALLY G. LANE, and KARL D. EASTHOM, Administrative Patent Judges Easthom, Administrative Patent Judge Judgment - Request for Adverse - 37 CFR § 41.127(b) In response to the Order to Show Cause (Paper 33), Rohm and Haas 1 concedes priority to Harvard and requests adverse judgment (Paper 35). 2 2 Accordingly, it is 1 ORDERED that judgment on priority as to the subject matter of Count 1 2 (see Paper 1) is awarded against involved Patents 7,166,732; 7,371,880 and 3 7,531,031; and 4 FURTHER ORDERED that claims 8-27, 30-33, 36, and 37 of Patent 5 7,166,732; claims 1-14, 17-20, 23, 24, 30, and 31 of Patent 7,371,880; and claims 6 8-20 of Patent 7,531,031; corresponding to Count 1, are cancelled (35 U.S.C. 7 § 135(a)); and 8 FURTHER ORDERED that the Senior Party is not entitled to a patent 9 including the subject matter of claims 8-27, 30-33, 36, and 37 of Patent 7,166,732; 10 claims 1-14, 17-20, 23, 24, 30, and 31 of Patent 7,371,880; and claims 8-20 of 11 Patent 7,531,031; and 12 FURTHER ORDERED that a copy of this judgment be made of record in 13 the files of Patents 7,166,732; 7,371,880 ; and 7,531,031; and Application No. 14 12/535,324; and 15 FURTHER ORDERED that if there is any settlement agreement or related 16 documents which have not been filed, attention is directed to 35 U.S.C. § 135(c) 17 and 37 CFR § 41.205. 18 3 (E-mail): Counsel for Harvard: Jane M. Love, Ph.D. Mary Rose Scozzafava, Ph.D. Yung-Hoon Ha, Ph.D. WILMER CUTLER PICKERING HALE AND DORR LLP 7 World Trade Center 250 Greenwich Street New York, NY 10007 Tel: 212.937.7233 Fax: 212.230.8888 Jane.Love@wilmerhale.com MaryRose.Scozzafava@wilmerhale.com Yung-Hoon.Ha@wilmerhale.com Counsel for Rohm and Haas: S. Matthew Cairns, Ph.D. Jonathan D. Baskin Rohm and Haas Electronic Materials LLC 455 Forest Street Marlborough, MA 01752 Tel: 508.229.7545 Fax: 508.787.4730 mcairns@dow.com Copy with citationCopy as parenthetical citation
