`571-272-7822
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`
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` Paper 15
` Entered: June 3, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GLOBUS MEDICAL, INC.,
`Petitioner,
`
`v.
`
`FLEXUSPINE, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01795
`Patent 8,647,386 B2
`____________
`
`
`
`Before WILLIAM V. SAINDON, HYUN J. JUNG, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`SAINDON, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Granting Request for Adverse Judgment After Institution of Trial
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`IPR2015-01795
`Patent 8,647,386 B2
`
`I.
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`INTRODUCTION
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`Globus Medical, Inc. filed a Petition requesting inter partes review of
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`claims 1–4 of U.S. Patent No. 8,647,386 B2 (Ex. 1001, “the ’386 patent”).
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`Paper 1. On March 7, 2016, we instituted inter partes review of claims 1–4
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`of the ’386 patent. Paper 11, 13. On May 24, 2016, Flexuspine, Inc.
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`(“Patent Owner”) filed a Request for Adverse Judgment asking that the
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`Board cancel claims 1–4 of the ’386 patent. Paper 14. “In view of the
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`cancellation of all claims remaining in this proceeding,” Patent Owner
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`submits that its request for adverse judgment should be granted pursuant to
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`37 C.F.R. § 42.73(b)(2). Id. at 1.
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`II. DISCUSSION
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`A party may request entry of adverse judgment against itself at any
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`time during a proceeding. 37 C.F.R. § 42.73(b). Also, under 37 C.F.R.
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`§ 42.73(b)(2), actions construed as a request for entry of adverse judgment
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`include cancellation of a claim such that the party has no remaining claim in
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`the trial. Here, Patent Owner has requested cancellation of all the claims
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`identified for trial and expressly requested entry of adverse judgment.
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`Paper 14. Patent Owner’s requests for cancellation of claims 1–4 of the ’386
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`patent and for entry of adverse judgment are granted.
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`For the foregoing reasons, it is
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`III. ORDER
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`ORDERED that judgment is entered against Patent Owner under
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`37 C.F.R. § 42.73(b);
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`FURTHER ORDERED that a certificate canceling claims 1–4 of U.S.
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`Patent No. 8,647,386 B2 will be issued in due course pursuant to 35 U.S.C.
`
`§ 318(b) and 37 C.F.R. § 42.80;
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`2
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`
`
`IPR2015-01795
`Patent 8,647,386 B2
`
`
`FURTHER ORDERED that this constitutes a final written decision
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`under 35 U.S.C. § 318(a); and
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`FURTHER ORDERED that this proceeding is hereby terminated.
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`3
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`IPR2015-01795
`Patent 8,647,386 B2
`
`PETITIONER:
`George D. Moustakas
`gdmoustakas@hdp.com
`
`David P. Utykanski
`davidu@hdp.com
`
`
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`PATENT OWNER:
`
`
`Brett M. Pinkus
`pinkus@fsclaw.com
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`4
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