Hyundai Motor Companyv.American Vehicular Sciences LLCDownload PDFPatent Trial and Appeal BoardFeb 12, 201511877118 (P.T.A.B. Feb. 12, 2015) Copy Citation Trials@uspto.gov Paper 18 571-272-7822 Date: February 12, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ HYUNDAI MOTOR COMPANY, Petitioner, v. AMERICAN VEHICULAR SCIENCES LLC, Patent Owner. ____________ Case IPR2014-00658 Patent 7,976,060 ____________ Before JAMESON LEE, TREVOR M. JEFFERSON, and LYNNE E. PETTIGREW, Administrative Patent Judges. JEFFERSON, Administrative Patent Judge JUDGMENT Request for Adverse Judgment 37 C.F.R. § 42.73 On September 18, 2014, we instituted this inter partes review of claims 1-7 of U.S. Patent No. 7,976,060 (“the ’060 patent”). Paper 8. On February 9, 2015, Patent Owner, American Vehicular Sciences LLC Cased IPR2014-00658 Patent 7,976,060 2 (“AVS”), requested entry of adverse judgment stating that “it is abandoning this contest pursuant to 35 U.S.C. § 42.73(b)(4).” Paper 17. Under 35 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 abandonment of the contest. 35 U.S.C. § 42.73(b)(4). AVS has requested abandonment of the trial of claims 1, 4, 5, 6, 7, 8, 9, and 10 of the ’060 patent, and expressly requested entry of adverse judgment. Paper 17. ORDER Accordingly, it is: ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1, 4, 5, 6, 7, 8, 9, and 10 of the ’060 patent under 37 C.F.R. § 42.73(b); and FURTHER ORDERED that claims 1, 4, 5, 6, 7, 8, 9, and 10 of the ’060 patent will be cancelled. Cased IPR2014-00658 Patent 7,976,060 3 FOR PETITIONER: Edward J. Naidich Christopher J. Kurpinski Finnegan, Henderson, Farabow, Garrett & Dunner, LLP Ed.Naidich@finnegan.com Christopher.Kurpinski@finnegan.com FOR PATENT OWNER: Thomas J. Wimbiscus Scott P. McBride Christopher M. Scharff McAndrews Held & Malloy twimbiscus@mcandrews-ip.com smcbride@mcandrews-ip.com cscharff@mcandrews-ip.com Copy with citationCopy as parenthetical citation
