`571.272.7822
`
`
`
`
`
`
` Paper No. 21
` Entered: October 6, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CELANESE INTERNATIONAL CORPORATION,
`Petitioner,
`
`v.
`
`DAICEL CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-00162
`Patent 9,115,071 B2
`____________
`
`
`Before SHERIDAN K. SNEDDEN, ZHENYU YANG, and
`TINA E. HULSE, Administrative Patent Judges.
`
`YANG, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`
`
`IPR2017-00162
`Patent 9,115,071 B2
`Celanese International Corporation (“Petitioner”) filed a Petition
`requesting an inter partes review of claims 1–10 of U.S. Patent No.
`9,115,071 B2 (“the ’071 patent,” Ex. 1001). We instituted inter partes
`review of claims 1–7, 9, and 10. Paper 10, 18; Paper 12.
`On July 31, 2017, Patent Owner Daicel Corporation (“Patent Owner”)
`filed a Request for Adverse Judgment under 37 C.F.R. § 42.73(b)(2). Paper
`20. Patent Owner asserts that a statutory disclaimer for claims 1–7, 9, and
`10 of the ’071 patent under 37 C.F.R. § 1.321(a)(1) was concurrently filed
`by Patent Owner with the appropriate fee. Id. at 1.
`Pursuant to 37 C.F.R. § 42.73(b), a party may request judgment
`against itself at any time during a proceeding. Cancellation or disclaimer of
`one or more claims, such that the patent owner has no remaining claim in the
`trial, is construed to be a request for adverse judgment. 37 C.F.R.
`§ 42.73(b)(2). Patent Owner has disclaimed all of the claims of the ’071
`patent on which a trial was instituted in the instant proceeding such that,
`after the disclaimer, it has no remaining claim in the trial. See Ex. 3001.
`
`In consideration of the foregoing, it is hereby:
`ORDERED that Patent Owner’s request for adverse judgment under
`37 C.F.R. § 42.73(b) is granted; and
`FURTHER ORDERED that judgment is entered against Patent Owner
`with respect to claims 1–7, 9, and 10 of the ’071 patent.
`
`
`
`
`
`
`2
`
`
`
`IPR2017-00162
`Patent 9,115,071 B2
`
`PETITIONER:
`Justin L. Krieger
`Jeffrey Gendzwill
`KILPATRICK TOWNSEND & STOCKTON LLP
`jkrieger@kilpatricktownsend.com
`jgendzwill@kilpatricktownsend.com
`
`
`
`PATENT OWNER:
`Gerald M. Murphy, Jr.
`Eugene T. Perez
`Marc S. Weiner
`Lynde F. Herzbach
`Michael Smith
`BIRCH, STEWART, KOLASCH & BIRCH, LLP
`gmm@bskb.com
`etp@bskb.com
`msw@bskb.com
`lynde.herzbach@bskb.com
`michael.t.smith@bskb.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
