`
`__________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________
`
`
`
`SPACE EXPLORATION TECHNOLOGIES CORP.,
`Petitioner
`
`v.
`
`BLUE ORIGIN LLC,
`Patent Owner
`
`__________________
`
`
`
`Case IPR2014-01376
`Patent 8,678,321
`
`__________________
`
`
`
`PATENT OWNER BLUE ORIGIN LLC’S REQUEST FOR ADVERSE
`JUDGMENT UNDER 37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`
`Case IPR2014-01376
`Patent 8,678,321
`Attorney Docket No: 34563-8801
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`As authorized by the Board during the conference call held with counsel for
`
`Patent Owner Blue Origin LLC and Petitioner Space Exploration Technologies
`
`Corp. on June 30, 2015, Patent Owner Blue Origin LLC hereby requests that the
`
`Board enter an adverse judgment against Patent Owner in this proceeding pursuant
`
`to 37 C.F.R. § 42.73(b)(2).
`
`
`
`The Board initiated trial in the above-captioned proceeding for claims 1-13.
`
`These claims are all of the claims for which the present inter partes review has
`
`been instituted. (IPR2014-01376, Paper 7, p. 2.)
`
`
`
`The rules state “[a] party may request judgment against itself at any time
`
`during a proceeding. Actions construed to be a request for adverse judgment
`
`include…[c]ancellation … of a claim such that the party has no remaining claim in
`
`the trial.” 37 C.F.R. § 42.73(b)(2). Accordingly, Patent Owner Blue Origin LLC
`
`respectfully asks that the Board cancel claims 1-13 of U.S. Patent No. 8,678,321
`
`and enter an adverse judgment.
`
`
`
`1
`
`
`
`Case IPR2014-01376
`Patent 8,678,321
`Attorney Docket No: 34563-8801
`
`
`RELIEF REQUESTED
`
`
`
`In view of the cancellation of all claims remaining in the trial, Blue Origin
`
`LLC respectfully requests the Board enter a final adverse judgment against Blue
`
`Origin LLC in this case pursuant to 37 C.F.R. § 42.73(b)(2).
`
`Date: July 13, 2015
`
`Respectfully submitted,
`
` By: /Ryan McBrayer/
`Ryan McBrayer, Reg. No. 54,299
`Back Up Counsel
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, Washington 98101
`Phone: 206-359-3073
`Facsimile: 206-359-4257
`
`
`
`2
`
`
`
`Case IPR2014-01376
`Patent 8,678,321
`Attorney Docket No: 34563-8801
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing PATENT
`
`OWNER BLUE ORIGIN LLC’S REQUEST FOR ADVERSE JUDGMENT was
`
`served electronically on July 13, 2015, upon the following:
`
`
`Heidi L. Keefe, Lead Counsel - hkeefe@cooley.com
`C. Scott Talbot, Back Up Counsel - stalbot@cooley.com
`zpatdcdocketing@cooley.com
`Cooley LLP
`1299 Pennsylvania Ave., NW, Suite 700
`Washington, DC 20004
`
`
`
`
`
`
`
`
`
`
`
`
`
` /Sara Hare/
`Sara Hare
`Paralegal
`Perkins Coie LLP
`
`1
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