10X GENOMICS, INC.v.The University of ChicagoDownload PDFPatent Trial and Appeal BoardFeb 3, 201613024171 (P.T.A.B. Feb. 3, 2016) Copy Citation Trials@uspto.gov Paper 21 571-272-7822 Entered: February 3, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ 10X GENOMICS, INC., Petitioner, v. THE UNIVERSITY OF CHICAGO, Patent Owner. ____________ Case IPR2015-01162 Patent 8,273,573 B2 ____________ Before DONNA M. PRAISS, CHRISTOPHER L. CRUMBLEY, and TINA E. HULSE, Administrative Patent Judges. PRAISS, Administrative Patent Judge. JUDGMENT AND FINAL WRITTEN DECISION 35 U.S.C. § 318(a) and 37 C.F.R. 42.73(b) IPR2015-01162 Patent 8,273,573 B2 2 BACKGROUND On November 16, 2015, we instituted an inter partes review of claims 1–13 of U.S. Patent 8,273,573 B2. Paper 14, 23. Now Patent Owner seeks adverse judgment under 37 C.F.R. § 42.73(b). Paper 20. Patent Owner requests cancellation of all claims involved in this proceeding “[i]n the interest of streamlining the proceedings [between the parties] and focusing its resources.” Id. at 1. No opposition has been filed by Petitioner. DISCUSSION Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Here, Patent Owner requests cancellation of all claims and entry of adverse judgment. Paper 20, 1. Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1–13 is appropriate. CONCLUSION AND ORDER Patent Owner’s request for judgment against itself under 37 C.F.R. § 42.73(b) is granted. It is therefore, ORDERED that adverse judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b); FURTHER ORDERED that this constitutes a final written decision under 35 U.S.C. § 318(a); and FURTHER ORDERED that claims 1–13 of U.S. Patent No. 8,273,573 be CANCELLED. IPR2015-01162 Patent 8,273,573 B2 3 PETITIONER: Eldora L. Ellison Deborah A. Sterling STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. Eellison-PTAB@skgf.com Dsterlin-PTAB@skgf.com PATENT OWNER: Adrian Percer Edward R. Reines Derek C. Walter Elizabeth Weiswasser WEIL, GOTSHAL & MANGES Adrian.percer@weil.com Edward.reines@weil.com Derek.walter@weil.com Elizabeth.weiswasser@weil.com Copy with citationCopy as parenthetical citation
