IPR2020-00850 (P.T.A.B. Feb. 16, 2021)

Boccone, LLC

Patent Trials and Appeals BoardFeb 16, 2021

IPR2020-00850 (P.T.A.B. Feb. 16, 2021)

Trials@uspto.gov Paper 11 Tel: 571.272.7822 Date Entered: February 16, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ GOOGLE LLC, LG ELECTRONICS INC., and LG ELECTRONICS U.S.A., INC., Petitioner, v. BOCCONE, LLC, Patent Owner. Case IPR2020-00849 (Patent 10,027,727 B1) Case IPR2020-00850 (Patent 10,027,726 B1) Case IPR2020-00851 (Patent 10,019,136 B1)1 Before KEVIN F. TURNER, JEFFREY S. SMITH, and DAVID C. MCKONE, Administrative Patent Judges. TURNER, Administrative Patent Judge. JUDGMENT Granting Request for Adverse Judgment After Institution of Trial 37 C.F.R. § 42.73(b) 1 This Order applies to each of the listed cases. We exercise our discretion to issue one Order to be docketed in each case. The parties, however, are not authorized to use this caption for any subsequent papers. IPR2020-00849; IPR2020-00850; IPR2020-00851 Patents 7,764,231 B1; 10,027,726 B1; 10,019,136 B1 2 Google LLC, LG Electronics Inc., and LG Electronics U.S.A., Inc. (collectively, “Petitioner”) filed Petitions (Paper 2, each proceeding) to institute an inter partes review of claims 1–30 of each of the three listed U.S. Patents, namely Nos. 10,027,727 B1; 10,027,726 B1; and 10,019,136 B1 (“the subject patents”). We instituted an inter partes review of claims 1– 30 of each of the subject patents. See Paper 9, each proceeding. On February 12, 2021, Boccone, LLC (“Patent Owner”) notified the Board that it had filed statutory disclaimers under 37 C.F.R. § 1.321(a) of all claims at issue in these inter partes reviews, such that “Patent Owner has no claim remaining in the trials.” See Ex. 3001. Copies of the disclaimers, as well as electronic acknowledgement receipts of their filings, may be found in Exhibit 3002. A party may request adverse judgment against itself at any time. 37 C.F.R. § 42.73(b). Here, Patent Owner requests adverse judgment because no claims remain in the trial after Patent Owner’s disclaimer of all the claims at issue in these proceedings. See 37 C.F.R. § 42.73(b)(2). We grant Patent Owner’s requests and enter judgment against Patent Owner under 37 C.F.R. § 42.73(b) in all three proceedings. ORDER Accordingly, it is: ORDERED that Patent Owner’s request for adverse judgment is granted, and judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b) with respect to claims 1–30 of each of U.S. Patents Nos. 10,027,727 B1; 10,027,726 B1; and 10,019,136 B1. IPR2020-00849; IPR2020-00850; IPR2020-00851 Patents 7,764,231 B1; 10,027,726 B1; 10,019,136 B1 3 PETITIONER: Richard F. Giunta Marc S. Johannes Anant K. Saraswat WOLF, GREENFIELD & SACKS, P.C. rgiunta-ptab@wolfgreenfield.com mjohannes-ptab@wolfgreenfield.com asaraswat-ptab@wolfgreenfield.com PATENT OWNER: Timothy Devlin Derek Dahlgren (pro hac vice) DEVLIN LAW FIRM LLC TD-PTAB@devlinlawfirm.com