NHK Seating of America, Inc.v.Lear Corporation

Patent Trial and Appeal Board

Mar 23, 2015

11538485 (P.T.A.B. Mar. 23, 2015)

Trials@uspto.gov Paper 15
571-272-7822 Entered: March 23, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

NHK SEATING OF AMERICA, INC.,
Petitioner,
v.
LEAR CORPORATION,
Patent Owner.

Case IPR2014-00957
Patent 7,455,357 B2

Before RICHARD E. RICE, MITCHELL G. WEATHERLY, and
CARL M. DEFRANCO, Administrative Patent Judges.
WEATHERLY, Administrative Patent Judge.
JUDGMENT AND FINAL WRITTEN DECISION
35 U.S.C. § 318(a) and 37 C.F.R. § 42.73(a)
I. BACKGROUND
On December 18, 2014, we instituted an inter partes review of claim
20 of U.S. Patent No. 7,455,357 B2 (“the ’357 patent”). Paper 10. On
March 13, 2015, Patent Owner, Lear Corporation (“Lear”), disclaimed claim
20 of the ’357 patent when it filed a Disclaimer in Patent Under 37 C.F.R.
§ 1.321(a). Ex. 2001. Accordingly, no claims remain in this inter partes
review. On March 16, 2015, Lear filed Patent Owner’s Request for Adverse
Case IPR2014-00957
Patent 7,455,357 B2
2
Judgment Under 37 C.F.R. § 42.73(b) in which Lear requests that we enter
judgment against it with respect to claim 20 and terminate this proceeding.
Paper 14.
II. DISCUSSION
“A party may request judgment against itself at any time during a
proceeding.” 37 C.F.R. § 42.73(b). Actions construed as a request for
adverse judgment include cancellation or disclaimer of patent claims such
that the party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2).
Lear has filed a statutory disclaimer that leaves no patent claim remaining in
this inter partes review, Exhibit 2001, and expressly requested that we enter
judgment against it, Paper 14. Under these circumstances, entry of judgment
adverse to Lear is appropriate.
III. CONCLUSION
Lear’s request for adverse judgment is granted.
IV. ORDER
Accordingly, it is:
ORDERED that judgment is entered against Lear with respect to
claim 20 of U.S. Patent No. 7,455,357 B2 under 37 C.F.R. § 42.73(a); and
FURTHER ORDERED that this Order constitutes a final written
decision under 35 U.S.C. § 318(a).
Case IPR2014-00957
Patent 7,455,357 B2
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PETITIONER:
William H. Mandir
John F. Rabena
SUGHRUE MION PLLC
wmandir@sughrue.com
jrabena@sughrue.com
PATENT OWNER:
John M. Halan
Frank A. Angileri
BROOKS KUSHMAN P.C.
jhalan@brookskushman.com
fangileri@brookskushman.com