12327414 (P.T.A.B. May. 28, 2015)

Nikon Corporationv.ASML NETHERLANDS B.V.

Patent Trial and Appeal BoardMay 28, 2015

12327414 (P.T.A.B. May. 28, 2015)

Trials@uspto.gov Paper 15 Tel: 571-272-7822 Entered: May 28, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ NIKON CORPORATION, Petitioner, v. ASML NETHERLANDS B.V., Patent Owner. ____________ Case IPR2015-00003 Patent 8,233,137 B2 ____________ Before DAVID C. MCKONE, BARBARA A. PARVIS, and KEVIN W. CHERRY, Administrative Patent Judges. MCKONE, Administrative Patent Judge. JUDGMENT Request for Adverse Judgment 37 C.F.R. § 42.73(b) IPR2015-00003 Patent 8,233,137 B2 2 On February 26, 2015, we instituted an inter partes review of claims 1–19, 25–28, 31, and 34 of US Patent No. 8,233,137 B2 (“the ’137 patent”). Paper 7. On May 26, 2015, Patent Owner moved to amend by cancelling all these claims. Paper 14. Patent Owner acknowledged that its request is construed as a request for adverse judgment. Id. Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Furthermore, under § 42.73(b)(2), actions construed as a request for entry of adverse judgment include cancellation of claims such that the party has no remaining claim in the trial. Patent Owner has not only requested cancellation of all claims involved in this inter partes review, such that after the cancellation it will have no remaining claim in the trial, but also expressly acknowledged that its request is construed as a request for entry of adverse judgment. Patent Owner’s request to cancel claims 1–19, 25–28, 31, and 34 of the ’137 patent is granted. Accordingly, it is ORDERED that judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b); FURTHER ORDERED that this constitutes a Final Written Decision under 35 U.S.C. § 318(a); FURTHER ORDERED that the request to cancel claims 1–19, 25–28, 31, and 34 of the ’137 patent is granted; FURTHER ORDERED that inter partes review captioned IPR2015- 00003 be terminated. IPR2015-00003 Patent 8,233,137 B2 3 PETITIONER: David Fehrman dfehrman@mofo.com Mehran Arjomand marjomand@mofo.com Alex Yap ayap@mofo.com PATENT OWNER: Donald Steinberg don.steinberg@wilmerhale.com David Cavanaugh david.cavanaugh@wilmerhale.com Christopher O’Brien christopher.o'brien@wilmerhale.com

Nikon Corporation v. ASML NETHERLANDS B.V.