LG Display Co., Ltd.v.Innovative Display Technologies LLC

Patent Trial and Appeal Board

Sep 15, 2015

11245408 (P.T.A.B. Sep. 15, 2015)

Trials@uspto.gov Paper 32
Tel: 571-272-7822 Entered: September 15, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
LG DISPLAY CO, LTD. and
LG ELECTRONICS, INC.
Petitioner,
v.
INNOVATIVE DISPLAY TECHNOLOGIES, LLC,
Patent Owner.
_______________
Case IPR2014-010971
Patent No. 7,300,194
_______________

Before THOMAS L. GIANNETTI, MIRIAM L. QUINN, and
BEVERLY M. BUNTING, 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)

1 Case IPR2015-00490 has been joined with this proceeding.
IPR2014-01097
Patent 7,300,194

2

BACKGROUND
This case is before the Board on Patent Owner’s Request for Adverse
Judgment under 37 C.F.R. § 42.73(b). Paper 31.
Petitioner first requested inter partes review of claims 1, 4–6, 16, 22, 23, 27,
28, and 31 of U.S. Pat. No. 7,300,194 (“the ʼ194 patent”) on July 1, 2014. Paper 2.
The Board granted the Petition and instituted an inter partes review of all
challenged claims on January 13, 2015. Paper 9. In a conference call on
September 10, 2015, the Board authorized Patent Owner to file a motion seeking
adverse judgment. Following the conference call, Patent Owner filed a Request for
Adverse Judgment. Paper 31. 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 made such a
request and further requests that the Board cancel all challenged claims of the
ʼ194 patent. Paper 31, 2. Under these circumstances, the entry of judgment
adverse to the Patent Owner and cancellation of the claims as requested is
appropriate.

CONCLUSION AND ORDER
Patent Owner’s Request for Adverse Judgment 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);

IPR2014-01097
Patent 7,300,194

3

FURTHER ORDERED that claims 1, 4–6, 16, 22, 23, 27, 28, and 31 of U.S.
Patent No. 7,300,194 be CANCELLED.

For PETITIONER:

Robert G. Pluta
Amanda K. Streff
Baldine B. Paul
Anita Y. Lam
MAYER BROWN LLP
rpluta@mayerbrown.com
astreff@mayerbrown.com
bpaul@mayerbrown.com
alam@mayerbrown.com

For PATENT OWNER:

Justin B. Kimble
Jeffrey Bragalone
BRAGALONE CONROY P.C.
jkimble@bcpc-law.com
jbragalone@bcpc-law.com