Arthrex, Inc., v Bonutti Skeletal Innovations, LLCDownload PDFPatent Trial and Appeal BoardMay 6, 201412359364 (P.T.A.B. May. 6, 2014) Copy Citation Trials@uspto.gov Paper 25 Tel: 571-272-7822 Entered: May 6, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD ARTHREX, INC., Petitioner, v. BONUTTI SKELETAL INNOVATIONS, LLC, Patent Owner. Case IPR2013-00632 Patent 8,147,514 Before MICHAEL R. ZECHER, BENJAMIN D. M. WOOD, and MITCHELL G. WEATHERLY, Administrative Patent Judges. WEATHERLY, Administrative Patent Judge. JUDGMENT Request for Adverse Judgment 37 C.F.R. § 42.73(b)(2) Case IPR2013-00632 Patent 8,147,514 2 I. INTRODUCTION On April 23, 2014, Patent Owner, Bonutti Skeletal Innovations LLC (“Bonutti”), filed a Supplemental Notice of Filing of Disclaimer Under 37 C.F.R. § 1.321(a). Paper 24. On April 22, 2014, Bonutti completely disclaimed claims 1-31 in U.S. Patent No. 8,147,514 (the “’514 patent”). Ex. 2002. Bonutti’s action constitutes a disclaimer of all claims challenged in this inter partes review such that it has no remaining claim in the trial. Bonutti contends that “the Inter Partes Review should be terminated pursuant to 37 CFR 42.73(b)(2).” Paper 24, 2. II. DISCUSSION Under 35 U.S.C. § 42.73(b), “a party may request judgment against itself at any time during a proceeding.” We interpret Bonutti’s cancellation of claims such that it has no remaining claim in the trial to be a request for adverse judgment. 37 C.F.R. § 42.73(b)(2). Accordingly, we determine that Bonutti’s disclaimer of claims 1-31 of the ’514 patent meets the conditions for termination of this review and entry of judgment against Bonutti. III. ORDER For the reasons stated above, it is: ORDERED that judgment is entered against Bonutti with respect to claims 1-31 of the U.S. Patent No. 8,147,514. Case IPR2013-00632 Patent 8,147,514 3 PETITIONER: Anthony P. Cho Todd W. Barrett CARLSON, GASKEY & OLDS, P.C. acho@cgolaw.com tbarrett@cgolaw.com PATENT OWNER: Cary Kappel William Gehris DAVIDSON, DAVIDSON & KAPPEL, LLC ckappel@ddkpatent.com wgehris@ddkpatent.com Copy with citationCopy as parenthetical citation