13200230 (P.T.A.B. Sep. 28, 2015)

Google Inc.v.Priceplay.com, Inc.

Patent Trial and Appeal BoardSep 28, 2015

13200230 (P.T.A.B. Sep. 28, 2015)

Trials@uspto.gov Paper 11 Tel: 571-272-7822 Entered: September 28, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ GOOGLE INC. and LINKEDIN CORP., Petitioner, v. PRICEPLAY.COM, INC., Patent Owner. ____________ Case CBM2015-00024 Patent 8,494,917 __________ Before JAMES P. CALVE, THOMAS L. GIANNETTI, and CHARLES J. BOUDREAU, Administrative Patent Judges. GIANNETTI, Administrative Patent Judge. JUDGMENT AND FINAL WRITTEN DECISION 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73(b) CBM2015-00024 Patent 8,494,917 2 BACKGROUND Petitioner requested inter partes review of claims 1–18 of U.S. Patent No.8,494,917 (“the ʼ917 patent”). Paper 4. The Board granted the Petition and instituted an inter partes review of all challenged claims. Paper 8. In a conference call on September 14, 2015, the Board authorized Patent Owner to file a motion seeking to abandon the contest, which is construed as a request for adverse judgment. 37 C.F.R. § 42.73(b)(4). Following the conference call, Patent Owner filed a Request to Abandon Contest. Paper 10. Petitioner did not oppose the request. DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has requested to abandon the contest, which is construed as a request for adverse judgment. 37 C.F.R. § 42.73(b)(4). Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1–18 of the ʼ917 patent are appropriate. CONCLUSION AND ORDER Patent Owner’s Request to Abandon Contest is granted. It is, therefore, ORDERED that adverse judgment against the Patent Owner is entered under 37 C.F.R. § 42.73(b); FURTHER ORDERED that this constitutes a final written decision under 35 U.S.C. § 318(a); FURTHER ORDERED that claims 1–18 of U.S. Patent No. 8,494,917 be CANCELLED. CBM2015-00024 Patent 8,494,917 3 For PETITIONER: Michael Rosato Jennifer Schmidt WILSON SONSINI GOODRICH & ROSATI mrosato@wsgr.com jschmidt@wsgr.com For PATENT OWNER: Thomas E. Brown Hsin-I (Cindy) Chen WESTERMAN, HATTORI, DANIELS & ADRIAN LLP tbrown@whda.com cchen@whda.com

Google Inc. v. Priceplay.com, Inc.