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Message: New Pacer--STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE

Old news about Fish just for info. .

In his recent testimony, Fish described the invention of the '336 Patent, known colloquially as the "Fish

Clock," as follows:

Question: ... As to the Fish Clock, what you've called the "Fish Clock," is that something that you told

Mr. Higgins [patent counsel for Fish and Moore] at the time he was preparing the patent application

was your sole invention and not the joint invention of yours and Mr. Moore?

Answer: ... the day before the patent filing, he [Higgins] said, "Have you got anything else you want to

put in?" I said, "Well, I got this idea for this clock." He said, "Well, tell me about it." And I told him about

the ring oscillator ['336 Patent]. And he said, "Go write it up! Bring it back."

Fish drew a diagram and prepared the descriptive text on his own machine and delivered it to Higgins

the next day for immediate filing in the PTO.

A document headed, "Computer Cowboys," Moore's dba name, and appearing to Fish from its content

to have been authored by Moore, contains the following statement: "Central to the custom chip is a

high-speed on-chip clock. This is a simple ring oscillator suggested by Russell Fish. It has several

advantages over an external clock." Patriot believes that this evidence, especially when combined with

other evidence in Patriot's possession, including other statements by Moore, will prove that Fish was

the sole inventor of the '336 Patent and that Patriot, therefore, is today its sole owner.

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