Hyundai Motor Companyv.American Vehicular Sciences LLCDownload PDFPatent Trial and Appeal BoardFeb 12, 201513229788 (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 IPR2014-00659 Patent 8,235,416 B2 ____________ Before JAMESON LEE, MICHAEL W. KIM, and LYNNE E. PETTIGREW, Administrative Patent Judges. PETTIGREW, 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. 8,235,416 B2 (“the ’416 patent”). Paper 8. On February 9, 2015, Patent Owner, American Vehicular Sciences LLC (“AVS”), indicated it “is abandoning this contest” and requested entry of adverse judgment. 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 Case IPR2014-00659 Patent 8,235,416 B2 2 judgment include abandonment of the contest. 35 U.S.C. § 42.73(b)(4). AVS not only has requested abandonment of this contest, but also expressly has requested entry of adverse judgment. Paper 17. ORDER Accordingly, it is: ORDERED that adverse judgment is entered against AVS under 37 C.F.R. § 42.73(b); and FURTHER ORDERED that claims 1–7 of the ’416 patent will be cancelled. 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
