DISMISSED WITH PREJUDICE: August 24, 2010
CBCA 1839, 2051
UNIVERSITY OF KANSAS and UNIVERSITY
OF KANSAS CENTER FOR RESEARCH, INC.,
Appellants,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
William P. Atkins, George M. Sirilla, Benjamin L. Kiersz, and Christopher K. Dorsey of Pillsbury Winthrop Shaw Pittman LLP, McLean, VA, counsel for Appellant.
Mogbeyi E. Omatete, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
The appellants, the University of Kansas and the University of Kansas Center for Research, Inc., filed appeals with this Board on December 18, 2009 (docketed as CBCA 1839) and June 18, 2010 (docketed as CBCA 2051), concerning patent owernship disputes arising under a contract, N01-CM-77017, with the Department of Health and Human Services through the National Institutes of Health and the National Cancer Institute. On August 23, 2010, the Board received from the parties a stipulated motion to dismiss which specifies that the parties have resolved their differences, the claims shall be dismissed with prejudice, and each party will bear its own costs and attorney fees. The appeal is hereby DISMISSED WITH PREJUDICE.
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in University of Kansas And University of Kansas Center For Research, Inc., CBCA 1839, 2051. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.