`Tel: 571-272-7822
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` Paper 18
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` Entered: November 3, 2016
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`ORDER TO SHOW CAUSE
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
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`
`1 We use this caption in this paper to indicate that this Order applies to, and
`is entered in, both cases. The parties are not authorized to use this caption.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`BATTERY-BIZ, INC.,
`Petitioner,
`
`v.
`
`COMARCO WIRELESS TECHNOLOGIES, INC.,
`Patent Owner
`____________
`
`Case IPR2016-00630 (Patent 7,863,770 B2)
`Case IPR2016-00632 (Patent 7,460,381 B2)1
`____________
`
`
`Before KEVIN F. TURNER, LYNNE E. PETTIGREW, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge.
`
`
`
`Case IPR2016-00630 (Patent 7,863,770 B2)
`Case IPR2016-00632 (Patent 7,460,381 B2)
`
`
`INTRODUCTION
`I.
`Battery-Biz, Inc. (“Petitioner”) filed Petitions for inter partes review
`of claims 7, 8, 13, 14, 37 and 38 of U.S. Patent No. 7,863,770 B2 (Ex. 1001,
`IPR2016-00630, hereinafter “’630 proceeding”), and of claims 1–4, 6–8, 11,
`12, 14, and 17 of U.S. Patent No. 7,460,381 B2 (Ex. 1001, IPR2016-00632,
`hereinafter “’632 proceeding”). Paper 1, both proceedings. Patent Owner,
`Comarco Wireless Technologies, Inc., filed a Preliminary Response in the
`’632 proceeding. Paper 12, ’632 proceeding. We instituted trial in both
`proceedings (Papers 15 and 16, ’630 proceeding and ’632 proceeding,
`respectively) on all challenged claims, issuing a joint Scheduling Order
`(Papers 16 and 17, ’630 proceeding and ’632 proceeding, respectively),
`which set October 24, 2016 as DUE DATE 1, the due date by which Patent
`Owner was required to file a Response to the Petition and Motion to Amend.
`No alternate dates were stipulated to by the parties.
`Patent Owner did not file a Response to the Petition and/or a Motion
`to Amend by the October 24, 2016 due date set under the Scheduling Order.
`During the conference call on October 6, 2016, which both parties attended,
`the parties indicated that they were in settlement discussions and anticipated
`settlement of the proceedings “in a matter of days.” The panel indicated that
`the filing of a Joint Termination was authorized, and the panel also indicated
`that no order, with respect to the initial conference call, would be sent out.
`Because no papers have been received in either proceeding, we requested a
`status update from the parties via email on October 19, 2016. No response
`to that email was received from either party. Patent Owner also has not
`contacted the Board with any explanation for its failure to participate
`substantively in these proceedings.
`
`
`
`2
`
`
`
`Case IPR2016-00630 (Patent 7,863,770 B2)
`Case IPR2016-00632 (Patent 7,460,381 B2)
`
`
`Pursuant to our rules, “[a]ctions construed to be a request for adverse
`judgment include . . . [a]bandonment of the contest.” 37 C.F.R.
`§ 42.73(b)(4). Patent Owner’s failure to file substantive papers in these
`trials is consistent with abandonment of the contests. Absent cause, we will
`enter adverse judgment in both proceedings upon notice to Patent Owner.
`Accordingly, within ten (10) business days of the date of this Order, Patent
`Owner must show cause why adverse judgment under 37 C.F.R.
`§ 42.73(b)(4) should not be entered against it in both proceedings. Upon
`failure to respond or absent a showing of good cause, adverse judgment will
`be entered against Patent Owner as to the claims upon which both trials were
`instituted. If Patent Owner has any questions regarding this Order, it is
`directed to contact the Board to request a conference call with the panel.
`
`
`II. ORDER
`
`Accordingly, it is
`ORDERED that adverse judgment shall be entered as to claims 7, 8,
`13, 14, 37 and 38 of U.S. Patent No. 7,863,770 B2 and claims 1–4, 6–8, 11,
`12, 14, and 17 of U.S. Patent No. 7,460,381 B2 unless, within ten (10)
`business days of the date of this Order, Patent Owner files a paper not
`exceeding ten (10) pages that demonstrates good cause why adverse
`judgment should not be entered.
`
`
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`3
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`
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`Case IPR2016-00630 (Patent 7,863,770 B2)
`Case IPR2016-00632 (Patent 7,460,381 B2)
`
`PETITIONER:
`David A. Dillard
`Sami I. Schilly
`LEWIS ROCA ROTHGERBER CHRISTIE, LLP
`ddillard@lrrc.com
`sschilly@lrrc.com
`
`
`
`PATENT OWNER:
`Harris A. Wolin
`Charles Quinn
`GRAHAM CURTIN, PA
`hwolin@grahamcurtin.com
`cquinn@grahamcurtin.com
`
`
`
`
`
`4
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