Symantec Corporationv.Rpost Communications LimitedDownload PDFPatent Trial and Appeal BoardNov 7, 201413532647 (P.T.A.B. Nov. 7, 2014) Copy Citation Trials@uspto.gov Paper 21 Tel: 571-272-7822 Entered: November 7, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ SYMANTEC CORPORATION, Petitioner, v. RPOST COMMUNICATIONS LIMITED, Patent Owner. _______________ Case IPR2014-00357 Patent 8,468,199 _______________ Before THOMAS L. GIANNETTI, BEVERLY M. BUNTING, and MATTHEW R. CLEMENTS, 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) IPR2014-00357 Patent 8,468,199 2 BACKGROUND The petition seeks inter partes review of claims 1-20 of U.S. Patent 8,468,199. Paper 2. Patent Owner filed a preliminary response. Paper 10. We denied the petition as to claims 1-8 and instituted inter partes review of claims 9-20 only. Paper 14. Now Patent Owner cancels claims 9-20 of the ʼ199 patent and requests adverse judgment under 37 C.F.R. § 42.73(b)(2). Paper 20. No opposition has been filed by Petitioner. 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 cancelled each claim for which inter partes review has been instituted, and thus Patent Owner has no remaining claim in the trial. Id. § 42.73(b)(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 entry of 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); and FURTHER ORDERED that claims 9–20 of U.S. Patent 8,468,199 are CANCELLED. IPR2014-00357 Patent 8,468,199 3 For PETITIONER: Stuart Meyer Smeyer-ptab@fenwick.com David Schumann Dschumann-ptab@fenwick.com For PATENT OWNER: Lewis E. Hudnell, III lewis@hudnelllaw.com John K. Fitzgerald docketla@fulpat.com Copy with citationCopy as parenthetical citation
