Jiaxing Super Lighting Electric Appliance Co., Ltd.

Patent Trials and Appeals Board

Mar 12, 2021

IPR2020-00162 (P.T.A.B. Mar. 12, 2021)

Trials@uspto.gov Paper 27
571-272-7822 Date: March 12, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

MAXLITE, INC.,
Petitioner,

v.

JIAXING SUPER LIGHTING ELECTRIC APPLIANCE CO., LTD.,
Patent Owner.
____________

IPR2020-00162
Patent 9,897,265 B2
____________

Before BRYAN F. MOORE, BRIAN J. McNAMARA, and
NEIL T. POWELL, Administrative Patent Judges.

MOORE, Administrative Patent Judge.

JUDGMENT
Granting Patent Owner’s Request for Adverse Judgment
37 C.F.R. § 42.73(b)

Jiaxing Super Lighting Electric Appliance Co., Ltd. (“Patent Owner”)
has filed a Motion for Adverse Judgment as to claims 1–3, 9, 10, 12, 14, 15,
19, and 22. Paper 26, 1 (“Mot.”). For the reasons discussed below, we grant
Patent Owner’s request.
IPR2019-00162
Patent 9,897,265 B2

2

I. INTRODUCTION
A. Background
Maxlite, Inc. (“Petitioner”) filed a Petition requesting inter partes
review of claims 1–3, 9, 10, 12, 14, 15, 19, and 22 (the “challenged claims”)
of U.S. Patent No. 9,897,265 B2 (Ex. 1001, the “’265 patent”). Paper 1
(“Pet.”). On May 19, 2020, we instituted inter partes review of all
challenged claims. Paper 23.
On June 6, 2020, Patent Owner filed the instant Motion for Adverse
Judgment.
ANALYSIS
Rule 42.73(b) permits a party to “request judgment against itself at
any time during a proceeding.” 37 C.F.R. § 42.73(b). Patent Owner
statutorily disclaimed claims 1–3, 9, 10, 12, 14, 15, 19, and 22 under 37
C.F.R. § 1.321(a) and subsequently requested adverse judgment as to those
claims which were challenged in the Petition. Mot. 1. Petitioner did not
respond to the motion. Under the circumstances presented here, we find it is
appropriate to grant Patent Owner’s request for adverse judgment on the
identified claims thus resolving this inter partes review.
ORDER
For the reasons discussed above, it is:
ORDERED that Patent Owner’s request for adverse judgment
(Paper 26) is granted, and
IPR2019-00162
Patent 9,897,265 B2

3

FURTHER ORDERED that judgment is entered against Patent Owner
under 37 C.F.R. § 42.73(b) with respect to claims 1–3, 9, 10, 12, 14, 15, 19,
and 22 of the ’265 patent, the only claims at issue in this proceeding.

For PETITIONER:
David Radulescu
Jonathan Auerbach
RADULESCU LLP
david@radip.com
jonathan@radip.com

For PATENT OWNER:

Donald McPhail
Stanislav Torgovitsky
DICKINSON WRIGHT PLLC
dmcphail@dickinson-wright.com
storgovitsky@dickinson-wright.com