Merck KGaAv.JNC CorporationDownload PDFPatent Trial and Appeal BoardFeb 22, 201613699644 (P.T.A.B. Feb. 22, 2016) Copy Citation Trials@uspto.gov Paper: 14 571-272-7822 Entered: February 22, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ MERCK KGAA, Petitioner, v. JNC CORPORATION and JNC PETROCHEMICAL CORPORATION, Patent Owner. ____________ Case IPR2015-01310 Patent 8,728,590 B2 ____________ Before GRACE KARAFFA OBERMANN, KRISTINA M. KALAN and ELIZABETH M. ROESEL, Administrative Patent Judges. ROESEL, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73(b) IPR2015-01310 Patent 8,728,590 B2 2 On November 24, 2015, we instituted inter partes review of claims 1– 17 of U.S. Patent No. 8,728,590 B2 (“the ’590 patent”). Paper 10. On February 10, 2016, Patent Owner, JNC Corporation and JNC Petrochemical Corporation, filed a Request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(2), requesting cancellation of claims 1–17 of the ’590 patent. Paper 13. Patent Owner represents that, on February 8, 2016, it filed Reissue Application No. 15/018,737 regarding the ’590 patent. Id. n.1. By Preliminary Amendment filed in Reissue Application No. 15/018,737, claims 1–17 of the ’590 patent are cancelled, and claims 18–88 are presented for examination. A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a request for adverse judgment include cancellation of a patent claim such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner’s request for cancellation of claims 1–17 of the ’590 patent leaves no claim remaining for trial. Accordingly, entry of judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) is appropriate. ORDER Accordingly, it is: ORDERED that Patent Owner’s Request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(2) is granted; FURTHER ORDERED that claims 1–17 of U.S. Patent No. 8,728,590 B2 are cancelled; and FURTHER ORDERED that judgment is entered against Patent Owner with respect to claims 1–17 of U.S. Patent No. 8,728,590 B2. IPR2015-01310 Patent 8,728,590 B2 3 PETITIONER: Chris C. Bowley Todd E. Garcia Heather L. Flanagan FISH & RICHARDSON, P.C. bowley@fr.com garcia@fr.com flanagan@fr.com PATENT OWNER: Philippe Y. Riesen Arlene L. Chow Teresa A. Lavenue Eric Lobenfeld HOGAN LOVELLS US LLP philippe.riesen@hoganlovells.com arlene.chow@hoganlovells.com teresa.lavenue@hoganlovells.com eric.lobenfeld@hoganlovells.com Copy with citationCopy as parenthetical citation
