`Entered: May 12, 2017
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELECTRONIC ARTS INC.,
`Petitioner,
`
`v.
`
`WHITE KNUCKLE GAMING, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00634
`Patent 8,540,575 B2
`____________
`
`
`
`Before MICHAEL W. KIM, CARL M. DEFRANCO, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of Proceeding
`37 C.F.R. § 42.73
`
`
`
`On February 18, 2016, Electronic Arts Inc. (“EA”) filed a petition for
`inter partes review of claims 1–35 of U.S. Patent No. 8,540,575 B2 (“the
`’575 patent”). Paper 1. White Knuckle Gaming, LLC (“White Knuckle”) is
`the owner of the ’575 patent. We instituted trial on all of the challenged
`
`
`
`IPR2016-00634
`Patent 8,540,575 B2
`
`claims on September 2, 2016 (Paper 6), and this case is scheduled for oral
`hearing on May 17, 2017 (Paper 26).
`On May 8, 2017, the parties filed a Joint Motion to Terminate this
`proceeding. Paper 31. In the Motion, the parties indicate that White
`Knuckle filed a statutory disclaimer under 37 C.F.R. § 1.321(a), disclaiming
`claims 1–35, all of the challenged claims, of the ’575 patent.1 Mot. 1–2. A
`copy of the statutory disclaimer was filed as an exhibit along with the
`Motion. Ex. 2239.
`Pursuant to 37 C.F.R. § 42.73(b), we construe “disclaimer of a claim
`such that the party has no remaining claim in the trial” to be a request for
`adverse judgment. White Knuckle has disclaimed all of the claims on which
`we instituted trial, hence, no claims remain for trial. As such, we determine
`that it is appropriate to enter adverse judgment and terminate the
`proceeding.2
`
`ORDER
`
`Accordingly, it is hereby
`ORDERED that judgment against White Knuckle pursuant to 37
`C.F.R. § 42.73 is entered;
`
`
`1 The parties also indicate that, in the related district court action, White
`Knuckle Gaming, LLC v. Electronic Arts Inc., No. 1:15-cv-00150 (D. Utah),
`the district court determined all claims of the ’575 patent to be invalid under
`35 U.S.C. § 101, that the district court’s decision was recently affirmed by
`the U.S. Court of Appeals for the Federal Circuit, and that “Patent Owner
`waived its rights to petition for rehearing and writ of certiorari of the Federal
`Circuit decision.” Mot. 1–2 (citing Ex. 2238).
`2 A judgment means a final written decision by the Board, or a termination
`of a proceeding. 37 C.F.R. § 42.2.
`
`2
`
`
`
`IPR2016-00634
`Patent 8,540,575 B2
`
`
`FURTHER ORDERED that a copy of this judgment shall be entered
`into the Office’s administrative records for U.S. Patent No. 8,540,575 B2;
`FURTHER ORDERED that White Knuckle shall file a copy of this
`judgment in any related district court action involving the ’575 patent; and
`FURTHER ORDERED that this proceeding is terminated.
`
`
`
`
`3
`
`
`
`FOR PETITIONER:
`Gerard M. Donovan
`John P. Bovich
`REED SMITH LLP
`gdonovan@reedsmith.com
`jbovich@reedsmith.com
`
`
`
`
`
`
`
`FOR PATENT OWNER:
`Andrew S. Hansen
`HANSEN IP, LLC
`andrew@hansenip.org
`David A. Jones
`WHITE KNUCKLE IP, LLC
`david@whiteknucklegaming.com
`
`
`
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