ZTE (USA) Inc.v.Adaptix, Inc.

Patent Trial and Appeal Board

Jul 28, 2015

09738086 (P.T.A.B. Jul. 28, 2015)

Trials@uspto.gov Paper 11
571-272-7822 Date Entered: July 28, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

ZTE CORPORATION, ZTE (USA) INC.,
and T-MOBILE USA INC.,
Petitioner,

v.

ADAPTIX, INC.,
Patent Owner.
____________

Case IPR2015-01185
Patent 6,947,748 B2
____________

Before HOWARD B. BLANKENSHIP, TREVOR M. JEFFERSON, and
JUSTIN BUSCH, Administrative Patent Judges.

BLANKENSHIP, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

I. INTRODUCTION
ZTE Corporation, ZTE (USA) Inc., and T-Mobile USA Inc.
(collectively, “Petitioner”) filed a petition requesting inter partes review of
IPR2015-01185
Patent 6,947,748 B2

2

claims 6, 8, 9, and 19–22 of U.S. Patent No. 6,947,748 B2 (“the ’748
patent”) (Ex. 1001) under 35 U.S.C. §§ 311–319. Paper 2 (“Petition”).
With the Petition, Petitioner filed a motion for joinder (Paper 3), seeking to
join with Sony Mobile Communications (USA) Inc. v. Adaptix, Inc., Case
IPR2014-01524 (“IPR ’1524”). Patent Owner Adaptix, Inc. now requests
adverse judgment as to the claims challenged in this proceeding. Paper 10
(“Request for Adverse Judgment”).
We have considered the Request for Adverse Judgment, and hereby
grant Patent Owner’s request for adverse judgment.
II. RELEVANT RULES
A party may request judgment against itself at any time during a
proceeding. 37 C.F.R. § 42.73(b).
III. ANALYSIS
On July 22, 2015, the Board granted Patent Owner’s request for
adverse judgment in IPR ’1524 and entered judgment, terminating the
proceeding and ordering that claims 6, 8, 9, and 19–22 of the ’748 patent be
canceled. IPR ’1524, Paper 30. Patent Owner’s Request for Adverse
Judgment references the adverse judgment in IPR ’1524 and the cancellation
of claims 6, 8, 9, and 19–22 of the ’748 patent. Paper 10, 2.
No persuasive reason exists on this record to deny the request for
adverse judgment in this proceeding.
IV. CONCLUSION
Accordingly, the Request for Adverse Judgment is granted.
V. ORDER
For the reasons given, it is
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ORDERED that Patent Owner’s request for adverse judgment under
37 C.F.R. § 42.73(b) with respect to claims 6, 8, 9, and 19–22 of U.S. Patent
No. 6,947,748 B2 is GRANTED; and
FURTHER ORDERED that, at the request of Patent Owner, judgment
is entered herein against Patent Owner with respect to claims 6, 8, 9, and 19–
22 of U.S. Patent No. 6,947,748 B2.

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Patent 6,947,748 B2

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For Petitioner
Steve Moore
steve.moore@pillsburylaw.com

Barry Shelton
barry.shelton@pillsburylaw.com

Richard Thill
richard.thill@pillsburylaw.com

Chad Walters
chad.walters@bakerbotts.com

Brian Nash
Brian.nash@pillsburylaw.com

For Patent Owner:

Amedeo Ferraro
aferraro@martinferraro.com

Wesley Meinerding
wmeinerding@martinferraro.com