throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper No. 42
`Entered: February 5, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`REACTIVE SURFACES LTD., LLP,
`Petitioner,
`
`v.
`
`TOYOTA MOTOR CORPORATION,
`Patent Owner.
`
`
`Case IPR2017-00572
`Patent 8,252,571 B2
`
`
`
`
`
`
`
`
`
`
`
`
`Before CHRISTOPHER M. KAISER, JEFFREY W. ABRAHAM, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`JUDGMENT AND FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
`
`
`
`
`
`
`

`

`IPR2017-00572
`Patent 8,252,571 B2
`
`
`BACKGROUND
`Reactive Surfaces Ltd., LLP (“Petitioner”) filed a Petition (Paper 1,
`“Pet.”) requesting an inter partes review of claims 1–23 of U.S. Patent No.
`8,252,571 B2 (Ex. 1001, “the ’571 patent”). Toyota Motor Corporation
`(“Patent Owner”) filed a Preliminary Response. Paper 34 (“Prelim. Resp.”).
`We instituted an inter partes review of claims 22 and 23. Paper 37. Now,
`Patent Owner requests cancellation of claims 22 and 23 and the entry of an
`adverse judgment under 37 C.F.R. § 42.73(b)(2). Paper 40. Petitioner has
`not opposed Patent Owner’s request.
`
`DISCUSSION
`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 as a
`request for entry of adverse judgment include “[c]ancellation or disclaimer
`of a claim such that the party has no remaining claim in the trial.” Id. Here,
`Patent Owner has requested cancellation of claims 22 and 23, the only
`claims on which we instituted trial. Paper 40, 1. Under these circumstances,
`entry of judgment adverse to the Patent Owner and cancellation of claims 22
`and 23 is appropriate.
`
`CONCLUSION
`Patent Owner’s request for adverse judgment is granted, and claims
`22 and 23 will be canceled.
`
`ORDER
`
`It is hereby
`ORDERED that adverse judgment is entered under 37 C.F.R.
`§ 42.73(b) against Patent Owner with respect to claims 22 and 23 of the ’571
`patent;
`
`2
`
`

`

`IPR2017-00572
`Patent 8,252,571 B2
`
`
`FURTHER ORDERED that this Order constitutes a final written
`decision under 35 U.S.C. § 318(a); and
`FURTHER ORDERED that claims 22 and 23 of the ’571 patent be
`canceled.
`
`
`
`
`
`
`
`3
`
`

`

`IPR2017-00572
`Patent 8,252,571 B2
`
`
`PETITIONER:
`David O. Simmons
`IVC PATENT AGENCY
`dsimmons@ivcpatentagency.com
`
`Jonathan D. Hurt
`MCDANIEL & ASSOCIATES, PC
`jhurt@technologylitigators.com
`
`Mark A.J. Fassold
`Jorge Mares
`WATTS GUERRA LLP
`mfassold@wattsguerra.com
`jmares@wattsguerra.com
`
`
`
`PATENT OWNER:
`Joshua A. Lorentz
`Richard Schabowsky
`John D. Luken
`Oleg Khariton
`DINSMORE & SHOHL LLP
`joshua.lorentz@dinsmore.com
`richard.schabowsky@dinsmore.com
`john.luken@dinsmore.com
`oleg.khariton@dinsmore.com
`
`
`
`
`
`4
`
`

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