Toyota Motor Corporation v American Vehicular Sciences LLCDownload PDFPatent Trial and Appeal BoardApr 1, 201411183598 (P.T.A.B. Apr. 1, 2014) Copy Citation Trials@uspto.gov Paper 29 571-272-7822 Date: April 1, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ TOYOTA MOTOR CORPORATION Petitioner, v. AMERICAN VEHICULAR SCIENCES LLC Patent Owner. ____________ Case IPR2013-00421 Patent 7,359,782 ____________ Before JAMESON LEE, MICHAEL W. KIM, and LYNNE E. PETTIGREW, Administrative Patent Judges. KIM, Administrative Patent Judge. FINAL WRITTEN DECISION 35 U.S.C. § 318(a) and 37 C.F.R. § 42.73(b) Case IPR2013-00421 Patent 7,359,782 2 BACKGROUND On January 13, 2014, the Board instituted this inter partes review of claims 1, 2, 5 and 6 of U.S. Patent No. 7,359,782. Paper 15. On February 25, 2014 a Joint Notice of Stipulation to Adjust Schedule was filed stipulating to revised Due Dates 1-3. Paper 25. In particular, Due Date 1 for filing a Patent Owner response or motion to amend claims was moved back one week to the revised date of March 20, 2014. On March 20, 2014, rather than filing a motion to amend claims, the Patent Owner filed a Request for Entry of Adverse Judgment. Paper 28. DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). No Patent Owner response or motion to amend has been filed and the deadline for filing such papers has passed. Under these circumstances, the Request for Entry of Adverse Judgment is appropriate. CONCLUSION The Patent Owner’s Request for Entry of Adverse Judgment is herein granted. It is ORDERED that claims 1, 2, 5 and 6 are unpatentable. Case IPR2013-00421 Patent 7,359,782 3 For Petitioner: A. Antony Pfeffer Matt Berkowitz Thomas Makin apfeffer@kenyon.com mberkowitz@kenyon.com tmakin@kenyon.com For Patent Owner: Thomas Wimbiscus Scott McBride Stephanie Samz Christopher Scharff twimbiscus@mcandrews-ip.com smcbride@mcandrews-ip.com ssamz@mcandrews-ip.com cscharff@mcandrews-ip.com Copy with citationCopy as parenthetical citation
