`571-272-7822
`
`
`Paper No. 15
` Entered: February 3, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS, CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`SAMSUNG SEMICONDUCTOR, INC.,
`Petitioner,
`
`v.
`
`RAYTHEON COMPANY,
`Patent Owner.
`____________
`
`Case IPR2016-00739
`Patent 5,591,678
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, JENNIFER MEYER CHAGNON, and
`JEFFREY W. ABRAHAM Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73(b)
`
`
`
`
`I.
`
`INTRODUCTION
`On September 15, 2016, we instituted an inter partes review of claims
`1–4 and 8–10 of U.S. Patent No. 5,591,678 (“the ’678 patent”). Paper 10
`(Institution Decision). On February 1, 2017, Patent Owner, Raytheon
`
`
`
`IPR2016-00739
`Patent 5,591,678
`
`Company (“Raytheon”), filed a Request for Adverse Judgment pursuant to
`37 C.F.R. § 42.73(b). Paper 14. In the Request, Raytheon asks us to cancel
`claims 1–4 and 8–10 of the ’678 patent and to enter an adverse judgment
`against Raytheon. Id. at 2.
`
`II. ANALYSIS
`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 cancellation of patent claims such that
`a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2).
`Raytheon’s request to cancel claims 1–4 and 8–10 of the ’678 patent leaves
`no claim remaining in the trial. Accordingly, entry of adverse judgment
`against Raytheon pursuant to 37 C.F.R. § 42.73(b) is appropriate.
`
`III. ORDER
`Accordingly, it is
`ORDERED that Raytheon’s Request for Adverse Judgment pursuant
`to 37 C.F.R. § 42.73(b) is granted;
`FURTHER ORDERED that claims 1–4 and 8–10 of U.S. Patent
`No. 5,591,678 are canceled;
`FURTHER ORDERED that adverse judgment is entered against
`Raytheon with respect to claims 1–4 and 8–10 of U.S. Patent No. 5,591,678;
`and
`
`FURTHER ORDERED that this constitutes a final written decision
`under 35 U.S.C. § 318(a).
`
`
`
`2
`
`
`
`IPR2016-00739
`Patent 5,591,678
`
`PETITIONER:
`Heath J. Briggs
`Patrick J. McCarthy
`GREENBERG TRAURIG, LLP
`RaytheonGTIPR@gtlaw.com
`briggsh@gtlaw.com
`mccarthyp@gtlaw.com
`
`
`
`PATENT OWNER:
`Thomas J. Filarski
`John Abramic
`Daniel S. Stringfield
`Brian Fahrenbach
`STEPTOE & JOHNSON, LLP
`tfilarski@steptoe.com
`jabramic@steptoe.com
`dstringfield@steptoe.com
`bfahrenbach@steptoe.com
`678IPR@steptoe.com
`
`
`
`
`3
`
`
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