RPX Corporationv.Macrosolve, Inc.Download PDFPatent Trial and Appeal BoardJun 20, 201410643516 (P.T.A.B. Jun. 20, 2014) Copy Citation Trials@uspto.gov Paper 13 Tel: 571-272-7822 Entered: June 20, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ RPX CORPORATION Petitioner v. MACROSOLVE, INC. Patent Owner Case IPR2014-00140 Patent 7,822,816 Before SALLY C. MEDLEY, TREVOR M. JEFFERSON, and PETER P. CHEN, Administrative Patent Judges. MEDLEY, Administrative Patent Judge. JUDGMENT Termination of the Proceeding 37 C.F.R. § 42.73 On May 16, 2014, a trial was instituted involving claims 1-14 of the ’816 patent. Paper 9. An ex parte reexamination certificate issued on June 10, 2014, in Ex Parte Reexamination No. 90/012,829, cancelling claims 1- Case IPR2014-00140 Patent 7,822,816 2 14 of the ’816 patent. Ex. 3001. 1 A conference call was held on June 19, 2014, involving counsel for the respective parties and Judges Medley, Jefferson, and Chen. During the conference call, counsel for both parties represented that, based on the cancellation of all of the involved claims of the ’816 patent, the inter partes review should be terminated. The ultimate purpose of a trial is to determine if the challenged claims are unpatentable, and if the claims are determined to be unpatentable, to cancel the unpatentable claims. 35 U.S.C. § 318. The involved claims in this proceeding, however, have been cancelled through another proceeding. There is, therefore, no occasion to continue the trial. Based on the facts of this case, termination is appropriate. Accordingly, it is ORDERED that the proceeding is terminated. 1 Exhibit 3001 is a copy of the reexamination certificate. Case IPR2014-00140 Patent 7,822,816 3 PETITIONER: David McCombs Thomas B. King Theodore M. Foster Haynes and Boone, LLP david.mccombs.ipr@haynesboone.com ipr.thomas.king@haynesboone.com ipr.theo.foster@haynesboone.com PATENT OWNER: Terry Watt Scott Zingerman Fred Holmes FELLERS, SNIDER, BLANKENSHIP, BAILEY & TIPPENS, PC. tlwatt@fellerssnider.com szingerman@fellerssnider.com patents@fellerssnider.com Copy with citationCopy as parenthetical citation
