`571-272-7822
`
`
` Paper No. 14
`Entered: December 6, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COOK MEDICAL LLC,
`Petitioner,
`
`v.
`
`STONE BASKET INNOVATIONS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00713
`Patent 6,551,327 B1
`____________
`
`
`
`
`
`Before PHILLIP J. KAUFFMAN, BARRY L. GROSSMAN, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`PAULRAJ, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`
`IPR2016-00713
`Patent 6,551,327 B1
`
`
`On September 8, 2016, the Board instituted this inter parte review of
`claims 1–8 of U.S. Patent No. 6,551,327 B1 (“the ’327 patent”). Paper 8.
`On December 6, 2016, Patent Owner filed a Request for Entry of Adverse
`Judgment requesting that the Board enter a final adverse judgment with
`respect to the challenged claims upon which we instituted trial. Paper 13, 1.
`No Motion to Amend has been filed in this proceeding.
`A party may request entry of adverse judgment against itself at any
`time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a
`request for adverse judgment include cancelation of patent claims such that a
`party has no remaining claim in the trial. Id. Patent Owner’s request to
`cancel claims 1–8 of the ’327 patent leaves no claim remaining for trial.
`Accordingly, entry of judgment against Patent Owner pursuant to 37 C.F.R.
`§ 42.73(b) is appropriate.
`It is:
`ORDERED that Patent Owner’s Request for Adverse Judgment
`pursuant to 37 C.F.R. § 42.73(b)(2) is granted; and
`FURTHER ORDERED that claims 1–8 of U.S. Patent No. 6,551,327
`B1 are canceled.
`
`
`
`2
`
`
`
`IPR2016-00713
`Patent 6,551,327 B1
`
`PETITIONER:
`Melissa Anyetei
`Chandra Critchelow
`MAYER BROWN LLP
`manyetei@mayerbrown.com
`ccritchelow@mayerbrown.com
`
`PATENT OWNER:
`
`Albert Deaver
`Jeffrey Andrews
`SUTTON MCAUGHAN DEAVER PLLC
`adeaver@smd-iplaw.com
`jandrews@smd-iplaw.com
`
`
`
`
`
`
`
`3
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