IN RE CYBERNETIC SERVICES INC.

Nos. 99-56856, 99-56868.

252 F.3d 1039 (2001)

In re: CYBERNETIC SERVICES, INC., d/b/a Silent Radio, Inc., Debtor. Petitioning Creditors; Byron Z. Moldo, Chapter 7 Trustee of the Estate of Cybernetic Services, Inc., dba Silent Radio, Inc. ("Moldo"), Appellants, v. Matsco, Inc., Appellee. In re: Cybernetic Services, Inc., d/b/a Silent Radio, Inc., Debtor. Byron Z. Moldo, Chapter 7 Trustee, Appellant, v. Matsco, Inc., and Matsco Financial Corporation, Petitioning Creditors, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2001.


Attorney(s) appearing for the Case

Lorin Brennan, Newport Beach, California; Damon G. Saltzburg, Saltzburg, Ray & Bergman, LLP, Los Angeles, California; and Paul M. Brent, Steinberg, Nutter & Brent, Santa Monica, California, for the appellants.

James A. Tiemstra, Miller, Starr & Regalia, Walnut Creek, California, for the appellees.

Before: HARRY PREGERSON, FERNANDEZ, F. FERNANDEZ, and SUSAN P. GRABER, Circuit Judges.


Argued and Submitted April 17, 2001 — Pasadena, California

GRABER, Circuit Judge:

As is often true in the field of intellectual property, we must apply an antiquated statute in a modern context. The question that we decide today is whether 35 U.S.C. § 261 of the Patent Act, or Article 9 of the Uniform Commercial Code (UCC), as adopted in California, requires the holder of a security interest in a patent to record that interest with the federal...

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