`571.272.7822
`
`
`Paper 10
`Entered: April 20, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ASKELADDEN L.L.C.,
`Petitioner,
`
`v.
`
`NEXTCARD, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00105
`Patent 7,552,080 B1
`____________
`
`
`
`Before MITCHELL G. WEATHERLY, CARL M. DeFRANCO, and
`MICHAEL L. WOODS, Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`
`
`
`JUDGMENT AND FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73(b)
`
`
`
`IPR2017-00105
`Patent 7,552,080 B1
`
`On October 19, 2016, Askeladden L.L.C. (“Petitioner”) filed a
`Petition (Paper 1) requesting inter partes review of claims 1–11 (“the
`challenged claims”) of U.S. Patent No. 7,552,080 B1 (Ex. 1001, “the ’080
`patent”). An inter partes review of all challenged claims was instituted on
`April 17, 2017. Paper 7. On April 18, 2017, Nextcard, LLC (“Patent
`Owner”) filed a Request for Adverse Judgment (Paper 9, “Request”) and a
`Disclaimer in Patent Under 37 C.F.R. § 1.321(a) (Ex. 2001) disclaiming all
`challenged claims in the ’080 patent. In an e-mail to the Board on April 19,
`2017, Petitioner stated that it did not oppose Patent Owner’s Request.
`Patent Owner may request adverse judgment against itself at any time
`by disclaiming the claims such that there are no remaining claims in the trial.
`37 C.F.R. § 42.73(b). We grant Patent Owner’s unopposed Request.
`
`
`ORDER
`
`It is
`ORDERED that Patent Owner’s request for adverse judgment is
`granted;
`FURTHER ORDERED that final judgment is entered against Patent
`Owner with respect to all challenged claims in this proceeding; and
`FURTHER ORDERED that this constitutes a final written decision
`under 35 U.S.C. § 318(a).
`
`
`
`
`
`
`2
`
`
`
`IPR2017-00105
`Patent 7,552,080 B1
`
`PETITIONER:
`John Steven Gardner
`Alton L Absher III
`Bryan S. Foster
`Kilpatrick Townsend & Stockton LLP
`sgardner@kilpatricktownsend.com
`aabsher@kilpatricktownsend.com
`bfoster@kilpatricktownsend.com
`
`
`
`PATENT OWNER:
`Marc A. Hubbard
`HUBBARD JOHNSTON, PLLC
`mhubbard@hubbardjohnston.com
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
