CHRISTIE MEDICAL HOLDINGS, INC.v.Research Foundation of the City College of New York

Patent Trial and Appeal Board

Nov 12, 2015

08734340 (P.T.A.B. Nov. 12, 2015)

Trials@uspto.gov Paper 22
Tel: 571-272-7822 Entered: November 12, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

CHRISTIE MEDICAL HOLDINGS, INC.,
Petitioner,

v.

THE RESEARCH FOUNDATION OF
THE CITY COLLEGE OF NEW YORK,
Patent Owner.

Case IPR2015-00213
Patent 5,929,443

Before TREVOR M. JEFFERSON, PATRICK R. SCANLON, and
FRANCES L. IPPOLITO, Administrative Patent Judges.

JEFFERSON, Administrative Patent Judge.

JUDGMENT
Request for Adverse Judgment
37 C.F.R. § 42.73

IPR2015-00213
Patent 5,929,443

2
On May 29, 2015, we instituted this inter partes review of claims 1, 2,
4–6, 8–11, 13–19, 21, and 25–30 of U.S. Patent No. 5,929,443 (Ex. 1001,
“the ’443 patent”). Paper 13. On September 30, 2015, Patent Owner, The
Research Foundation of the City College of New York, requested entry of
adverse judgment pursuant to 37 U.S.C. § 42.73(b)(2), seeking cancellation
of claims 1, 2, 4–6, 8–11, 13–19, 21, and 25–30. Paper 20, 1. Petitioner
Christie Medical Holdings, Inc. filed a paper stating they do not oppose
Patent Owner’s adverse judgment request. Paper 21, 1.
Under 37 U.S.C. § 42.73(b), a party may request judgment against
itself at any time during a proceeding. Actions construed as a request for
entry of adverse judgment include cancellation or disclaimer of a claim such
that the party has no remaining claim in the trial. 37 U.S.C. § 42.73(b)(2).
Patent Owner has requested cancellation such that there is no remaining
claim in the trial. We grant Patent Owner’s request for adverse judgment.
ORDER
Accordingly, it is
ORDERED that adverse judgment is entered against Patent Owner
with respect to claims 1, 2, 4–6, 8–11, 13–19, 21, and 25–30 of ’443 patent
pursuant to 37 C.F.R. § 42.73(b).
FURTHER ORDERED that claims 1, 2, 4–6, 8–11, 13–19, 21, and
25–30 of the ’443 patent shall be cancelled pursuant to 37
U.S.C. § 42.73(b)(2).
IPR2015-00213
Patent 5,929,443

3
FOR PETITIONER:

Albin Gess
Sina Aria
SNELL & WILMER L.L.P.
agess@swlaw.com
saria@swlaw.com

FOR PATENT OWNER:

Christopher Blank
Peter Mikesell
HISCOCK & BARCLAY, LLP
cblank@iplawusa.com
pmikesell@iplawusa.com