throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`COOK MEDICAL LLC,
`
`Petitioner,
`
`v.
`
`STONE BASKET INNOVATIONS LLC,
`
`Patent Owner.
`___________
`
`IPR2016-00713
`Patent 6,551,327
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. § 42.73(b)
`
`

`
`Inter Partes Review of U.S. Patent No. 6,551,327
`Case No: IPR2016-00713
`
`I.
`
`ARGUMENT
`
`The Board instituted review in the above-captioned proceeding for claims 1–
`
`8 of U.S. Patent No. 6,551,327. Institution Decision, Paper No. 8 at 21.
`
`“A party may request
`
`judgment against
`
`itself at any time during a
`
`proceeding.” 37 C.F.R. § 42.73(b). Accordingly, Patent Owner respectfully
`
`requests judgment against itself, and asks that the Board cancel the only claims
`
`remaining in this proceeding (claims 1–8) and enter adverse judgment against it.
`
`II.
`
`RELIEF REQUESTED
`
`Patent Owner respectfully requests that the Board enter a final adverse
`
`judgment against Patent Owner on the claims remaining in this Inter Partes
`
`Review (claims 1–8) pursuant to 37 C.F.R. § 42.73(b).
`
`

`
`Inter Partes Review of U.S. Patent No. 6,551,327
`Case No: IPR2016-00713
`
`Dated: December 6, 2016
`
`Respectfully Submitted,
`
`/ Al Deaver 34,318 /
`Albert B. Deaver, Jr.
`Reg. No. 34, 318
`SUTTON MCAUGHAN DEAVER PLLC
`Three Riverway, Suite 900
`Houston, TX 77024
`Telephone (713) 800-5703
`Facsimile (713) 800-5699
`adeaver@smd-iplaw.com
`
`Jeffrey A. Andrews
`Reg. No. 62,206
`jandrews@smd-iplaw.com
`SUTTON MCAUGHAN DEAVER PLLC
`Three Riverway, Suite 900
`Houston, TX 77024
`Telephone (713) 800-5700
`Facsimile (713) 800-5699
`
`Counsel for Patent Owner Stone
`Basket Innovations LLC in Trial
`IPR2016-00713 (Patent 6,551,327)
`
`-2-
`
`

`
`Inter Partes Review of U.S. Patent No. 6,551,327
`Case No: IPR2016-00713
`
`CERTIFICATE OF SERVICE
`
`It is certified that a copy of the foregoing has been served on Petitioner via
`
`electronic mail transmission, as agreed among counsel, addressed to the person(s)
`
`at the address below:
`
`Melissa A. Anyetei
`manyetei@mayerbrown.com
`James R. Ferguson
`jferguson@mayerbrown.com
`Chandra Critchelow
`ccritchelow@mayerbrown.com
`MAYER BROWN LLP
`71 S. Wacker Drive
`Chicago, IL 60606
`
`Date: December 6, 2016
`
`/ Al Deaver 34,318 /
`
`-3-

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