`Tel: 571-272-7822
`
`
`Paper 20
`Entered: August 18, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`BANK OF AMERICA, N.A.,
`PNC FINANCIAL SERVICES GROUP, INC., and PNC BANK, N.A.,
`Petitioners,
`
`v.
`
` INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`Case CBM2014-00031
`Patent 6,182,894
`____________
`Before THOMAS L. GIANNETTI, HYUN J. JUNG, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`
`
`GIANNETTI, Administrative Patent Judge.
`
`
`
`
` JUDGMENT AND FINAL WRITTEN DECISION
`35 U.S.C. § 328(a) and 37 C.F.R. § 42.73(b)
`
`
`
`
`
`Case CBM2014-00031
`Patent 6,182,894
`
`BACKGROUND
`The petition sought review of claims 1-18 of U.S. Patent 6,182,894. Paper
`1. A covered business patent review trial was instituted as to challenged claims
`10-18. Paper 14.
`Patent Owner has filed a motion to amend, cancelling all claims on which
`trial was instituted. Paper 19. Petitioner has advised the Board that it does not
`oppose the amendment.
`
`DISCUSSION
`A party may request entry of adverse judgment against itself at any time
`during a proceeding. 37 C.F.R. § 42.73(b). Cancellation or disclaimer of a claim
`such that a party has no remaining claims in the trial is an action construed as a
`request for adverse judgment. Id. § 42.73(b)(2).
`Here, Patent Owner has moved to cancel each claim for which review is
`sought. Paper 19 at 3. The motion is unopposed. Under these circumstances, the
`entry of judgment adverse to the Patent Owner and cancellation of the claims as
`requested is appropriate.
`
`CONCLUSION
`Patent Owner’s request for entry of adverse judgment is granted.
`It is, therefore,
`ORDERED that Patent Owner’s motion to amend is granted;
`FURTHER 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. § 328(a); and
`FURTHER ORDERED that claims 10-18 of U.S. Patent 6,941,543 will be
`cancelled.
`
` 2
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`
`Case CBM2014-00031
`Patent 6,182,894
`
`PETITIONERS:
`Donald R. Steinberg
`Monica Grewal
`WILMER CUTLER PICKERING HALE AND DORR LLP
`don.steinberg@wilmerhale.com
`monica.grewal@wilmerhale.com
`
`
`PATENT OWNER:
`Herbert D. Hart III
`Jonathan R. Sick
`David Petty
`MCANDREWS, HELD & MALLOY, LTD.
`hhart@mcandrews-ip.com
`jsick@mcandrews-ip.com
`dpetty@mcandrews-ip.com
`
`Donald Coulman
`dcoulman@intven.com
`
`
`
`
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