Hulu, LLCv.Intertainer, Inc.

Patent Trial and Appeal Board

Jun 11, 2015

12587667 (P.T.A.B. Jun. 11, 2015)

Trials@uspto.gov Paper 12
571-272-7822 Entered: June 11, 2015
UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

HULU, LLC,
Petitioner,

v.

INTERTAINER, INC.,
Patent Owner.

Case IPR2014-01455
Patent 8,468,099

Before MICHAEL W. KIM, BRIAN P. MURPHY,
and JENNIFER M. MEYER, Administrative Patent Judges.

MEYER, Administrative Patent Judge.

JUDGMENT
Request for Adverse Judgment
37 C.F.R. § 42.73(b)
IPR2014-01455
Patent 8,468,099

2
On March 6, 2015, we instituted an inter partes review of claims
13–15 and 18 of U.S. Patent No. 8,468,099 (“the ’099 patent”). Paper 9.
Pursuant to our authorization, Patent Owner filed a Request for Adverse
Judgment Under 37 C.F.R. § 42.73, on June 1, 2015. Paper 11. In the
Request, Patent Owner requested cancellation of each of claims 13–15 and
18 and sought entry of adverse judgment. Id. at 2.
Under 37 C.F.R. § 42.73(b), a party may request judgment against
itself at any time during a proceeding. Furthermore, under § 42.73(b)(2),
actions construed as a request for entry of adverse judgment include
cancellation of claims such that the party has no remaining claim in the trial.
Patent Owner not only has requested cancellation of all claims
involved in this inter partes review, such that after the cancellation it will
have no remaining claim in the trial, but also has expressly requested entry
of adverse judgment. Patent Owner’s request to cancel claims 13–15 and 18
of the ’099 patent and request for entry of adverse judgment are granted.
Accordingly, it is
ORDERED that 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);
FURTHER ORDERED that the request to cancel claims 13–15 and 18
of the ’099 patent is granted; and
FURTHER ORDERED that this proceeding is hereby terminated.
IPR2014-01455
Patent 8,468,099

3
PETITIONER:
Eliot Williams
Harper Batts
BAKER BOTTS LLP
eliot.williams@bakerbotts.com
harper.batts@bakerbotts.com
PATENT OWNER:
Amedeo F. Ferraro
Thomas H. Martin
MARTIN & FERRARO, LLP
aferraro@martinferraro.com
docketing@martinferraro.com