Artsana USA, Inc.v.Kolcraft Enterprises Inc.

Patent Trial and Appeal Board

Jun 25, 2015

13756168 (P.T.A.B. Jun. 25, 2015)

Trials@uspto.gov Paper 14
571-272-7822 Entered: June 25, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

ARTSANA USA, INC.,
Petitioner,

v.

KOLCRAFT ENTERPRISES, INC.,
Patent Owner.
____________

Case IPR2015-00286
Patent 8,764,612 B2
____________

Before JAMES T. MOORE, HYUN J. JUNG, and
BARRY L. GROSSMAN, Administrative Patent Judges.

MOORE, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

I. INTRODUCTION
Artsana USA, Inc. (“Petitioner”) filed a Petition (Paper 1, “Pet.”)
seeking to institute an inter partes review of claims 1–5 of U.S. Patent No.
8,764,612 B2 (“the ’612 patent”) pursuant to 35 U.S.C. §§ 311–319. The
Board instituted review of claims 1–5 (Paper 10, “Dec.”).
Patent Owner has now requested adverse judgment as to the claims
subject to this inter partes review. Paper 12.
IPR2015-00286
Patent 8,764,612 B2

2

We have considered the Request for Adverse Judgment, and hereby
grant the Patent Owner’s request for adverse judgment.
II. RELEVANT RULES
The Board may terminate a trial without rendering a final written
decision, where appropriate, including where the trial is consolidated with
another proceeding or pursuant to a joint request under 35 U.S.C. 317(a) or
327(a). 37 C.F.R. § 42.72.
A party may request judgment against itself at any time during a
proceeding. 37 C.F.R. § 42.73(b).
III. ANALYSIS
Patent Owner’s Request for Adverse Judgment (Paper 12) requests
adverse judgment, and requests that the Board cancel claims 1–5 of the ’612
patent. Paper 12, 1–2.
No persuasive reason exists on this record to deny this request.
IV. CONCLUSION
Accordingly, the Request for Adverse Judgment is granted.
V. ORDER
For the reasons given, it is
ORDERED that Patent Owner’s request for adverse judgment under
37 C.F.R. § 42.73(b) with respect to claims 1–5 of U.S. Patent No.
8,764,612 B2 is GRANTED; and,
ORDERED that, at the request of the Patent Owner, judgment is
entered herein against Patent Owner with respect to claims 1–5 of U.S.
Patent No. 8,764,612 B2. Claims 1–5 of U.S. Patent No. 8,764,612 B2 are
not patentable and a certificate canceling them shall issue in due course.

IPR2015-00286
Patent 8,764,612 B2

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PETITIONER:
Anthony S. Volpe
avolpe@vklaw.com

Ryan W. O’Donnell
rodonnell@vklaw.com

PATENT OWNER:
Anthony E. Dowell
aedowell@niro-mcandrews.com

Brian P. Lynch
blynch@niro-mcandrews.com