`571-272-7822
`
` Paper 19
` Date: February 18, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY,
`Petitioner,
`
`v.
`
`SIGNAL IP, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00860
`Patent 6,775,601 B2
`____________
`
`Before JOSIAH C. COCKS, MITCHELL G. WEATHERLY, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`JUDGMENT AND FINAL WRITTEN DECISION
`37 C.F.R. § 42.73 and 35 U.S.C. § 318(a)
`
`
`
`
`
`
`
`IPR2015-00860
`Patent 6,775,601 B2
`
`
`
`I. BACKGROUND
`Petitioner, Ford Motor Company, filed a Petition for inter partes
`review of claims 1–17 of U.S. Patent 6,775,601 B2 (the “’601 patent”) on
`March 13, 2015. Paper 1. Patent Owner, Signal IP, Inc. (“Signal IP”), filed
`a Patent Owner’s Preliminary Response on June 18, 2015. Paper 5. We
`instituted trial as to claims 1–17 of the ’601 patent on September 4, 2015.
`Paper 7. Signal IP subsequently filed a Patent Owner’s Response on
`November 25, 2015. Paper 16 (“Response” or “PO Resp.”). In the
`Response, Signal IP represents that in a concurrent Reexamination of the
`’601 patent (Control No. 90/013,385) it filed an amendment seeking to
`cancel claims 8–11, 13, 15, and 17. PO Resp. 1. Signal IP also represents
`that on the same day it filed a statutory disclaimer as to claims 1–7, 12, 14,
`and 16. Id.1 On December 28, 2015, Signal IP filed a copy of an Ex Parte
`Reexamination Certificate that issued in connection with the ’601 patent on
`December 23, 2015. Ex. 2007. That Certificate indicates that claims 8–11,
`13, 15, and 17 are cancelled. Id. at 1:15. Therefore, every claim subject to
`this inter partes review has been either disclaimed or canceled, and no
`claims remain in this trial.
`
`II. ANALYSIS
`As set forth in 37 C.F.R. § 42.73:
`(b) Request for adverse judgment. A party may request
`judgment against itself at any time during a proceeding. Actions
`construed to be a request for adverse judgment include: . . .
`(2) Cancellation or disclaimer of a claim such that the
`party has no remaining claim in the trial.
`
`
`1 The statutory disclaimer is entered in this proceeding as Exhibit 2005.
`
`2
`
`
`
`IPR2015-00860
`Patent 6,775,601 B2
`
`
`
`Pursuant to 37 C.F.R. § 42.73(b), we construe the disclaimer of claims
`
`1–7, 12, 14, and 16 and cancellation of all remaining claims in this
`proceeding as a request for adverse judgment. We grant that request and
`enter judgment against Signal IP under 37 C.F.R. § 42.73.
`
`III. ORDER
`
`
`
`Accordingly, it is
`ORDERED that judgment is entered under 37 C.F.R. § 42.73 against
`Signal IP with respect to claims 1–17 of the ’601 patent; and
`FURTHER ORDERED that this Order constitutes a Final Written
`Decision under 35 U.S.C. § 318(a).
`
`
`3
`
`
`
`
`
`
`
`IPR2015-00860
`Patent 6,775,601 B2
`
`
`
`
`For PETITIONER:
`
`Frank A. Angileri
`BROOKS KUSHMAN P.C.
`FPGP0117IPR1@brookskushman.com
`
`Lissi Mojica
`Kevin Greenleaf
`DENTONS US LLP
`iptdocketchi@dentons.com
`
`
`
`For PATENT OWNER:
`
`Tarek N. Fahmi
`ASCENDA LAW GROUP, PC
`tarek.fahimi@ascendalaw.com
`
`
`
`4
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