`Tel: 571-272-7822
`
`Paper No. 21
`Entered: January 30, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`WEST VIEW RESEARCH, LLC,
`Patent Owner.
`
`Case IPR2016-00125 (Patent 8,290,778 B2)
`Case IPR2016-00156 (Patent 8,296,146 B2)1
`
`
`Before KARL D. EASTHOM, MICHAEL R. ZECHER, KEVIN W.
`CHERRY, and JASON J. CHUNG, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`DECISION ON PATENT OWNER’S
`MOTION TO WITHDRAW
`MOTIONS TO AMEND
`37 C.F.R. § 42.71
`
`
`
`
`
`
`
`
`
`
`1 This Decision applies to both cases. The parties are not authorized to use
`this heading style.
`
`
`
`IPR2016-00125 (Patent 8,290,778 B2)
`IPR2016-00156 (Patent 8,296,146 B2)
`
`
`During a conference call with Clifford A. Ulrich for Petitioner, Peter
`J. Gutierrez, III for Patent Owner, and the above-listed panel members on
`January 30, 2017, Patent Owner requested to withdraw its Motion to Amend
`(Paper 12) in each proceeding.2 Petitioner did not object, but contended that
`planning for the upcoming Hearing for both proceedings, scheduled
`February 7, 2017, warrants a timely decision on Patent Owner’s request for
`withdrawal of its Motion to Amend in each proceeding. See Paper 20
`(Hearing Order). Patent Owner did not file a Patent Owner Response in the
`proceedings. Patent Owner also indicated it did not intend to appear at the
`Hearing scheduled for the proceedings.
`During the conference, Judge Easthom informed Patent Owner that
`under the circumstances, granting the request to withdraw each Motion to
`Amend may result in a determination that Patent Owner has abandoned each
`proceeding. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`48,766 (Aug. 14, 2012) ( “Where the patent owner elects not to file a
`response, the patent owner will arrange for a conference call with the Board
`to discuss whether or not the patent owner will file a request for adverse
`judgment.” (Citing 37 C.F.R § 42.73(b)); see 37 C.F.R. § 42.73(b)(4)
`(“Abandonment of the Contest”).
`Accordingly, after treating Patent Owner’s (oral) request as a Motion
`to Withdraw its Motion to Amend in each proceeding, it is
`ORDERED that Patent Owner’s Motion to Withdraw its Motion to
`Amend in each proceeding is granted.
`
`
`
`2 All Paper number citations herein apply to each case.
`
`2
`
`
`
`IPR2016-00125 (Patent 8,290,778 B2)
`IPR2016-00156 (Patent 8,296,146 B2)
`
`
`
`For PETITIONER:
`
`Michael J. Lennon
`Clifford A. Ulrich
`Kenyon & Kenyon LLP
`mlennon@kenyon.com
`culrich@kenyon.com
`
`For PATENT OWNER:
`
`Peter J. Gutierrez, III
`Robert F. Gazdzinski
`Derek L. Midkiff
`Gazdzinski & Associates, PC
`peter.gutierrez@gazpat.com
`robert.gazdzinski@gazpat.com
`derek.midkiff@gazpat.com
`
`
`3
`
`
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