`Tel: 571-272-7822
`
`
`
`
`Paper 11
`Entered: December 11, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PROMETRIC INC.,
`Petitioner,
`
`v.
`
`I.Q.S. SHALEV LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-00767
`Patent 7,773,779 B2
`____________
`
`
`
`Before WILLIAM V. SAINDON, MATTHEW R. CLEMENTS, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`ROESEL, Administrative Patent Judge.
`
`
`
`
`ADVERSE JUDGMENT
`FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`IPR2017-00767
`Patent 7,773,779 B2
`
`
`On July 26, 2017, we instituted inter partes review of claims 1–6, 10,
`11, and 14–18 of U.S. Patent No. 7,773,779 B2 (“the ’779 patent”). Paper 9.
`We entered a scheduling order setting October 17, 2017 as the due date for
`Patent Owner’s response to the petition and/or motion to amend. Paper 10.
`To date, no response or motion to amend has been filed by Patent Owner.
`On November 1, 2017, Petitioner requested a conference call to
`request that Patent Owner’s failure to file papers be treated as an
`abandonment that would warrant adverse judgment under 37 C.F.R.
`§ 42.73(b)(4). Pursuant to instructions from the Board, Petitioner conferred
`with Patent Owner and contacted the Board again on November 7, 2017.
`Petitioner’s e-mail represented that Patent Owner did not oppose a
`conference call and would not be submitting any further filings in IPR2017-
`00767.
`A conference call was held on November 16, 2017 among Robert
`Molitors (counsel for Petitioner), Brian Lynch (counsel for Patent Owner),
`and Administrative Patent Judges Saindon, Clements, and Roesel. During
`the call, Patent Owner stated that it does not oppose Petitioner’s request that
`Patent Owner’s failure to file a response or a motion to amend by the
`October 17, 2017 due date be treated as an abandonment of the contest that
`warrants adverse judgment pursuant to 37 C.F.R. § 42.73(b)(4).
`The regulation provides in relevant part:
`(b) Request for adverse judgment. A party may
`request judgment against itself at any time during a
`proceeding. Actions construed to be a request for
`adverse judgment include: . . .
`(4) Abandonment of the contest.
`37 C.F.R. § 42.73(b)(4).
`
`2
`
`
`
`IPR2017-00767
`Patent 7,773,779 B2
`
`
`Under the circumstances here presented, we determine that Patent
`Owner has abandoned the contest and that the abandonment should be
`construed as a request by Patent Owner for adverse judgment against itself.
`Id.
`
`Accordingly, it is
`ORDERED that adverse judgment is entered, under 37 C.F.R.
`§ 42.73(b)(2)(4), against Patent Owner with respect to claims 1–6, 10, 11,
`and 14–18 of U.S. Patent No. 7,773,779 B2; and
`FURTHER ORDERED that this Decision constitutes a final written
`decision under 35 U.S.C. § 318(a).
`
`
`3
`
`
`
`IPR2017-00767
`Patent 7,773,779 B2
`
`PETITIONER:
`Robert W. Molitors
`Adam M. Treiber
`MILES & STOCKBRIDGE P.C.
`rmolitors@MilesStockbridge.com
`atreiber@MilesStockbridge.com
`
`PATENT OWNER:
`Brian P. Lynch
`Matthew G. McAndrews
`NIRO McANDREWS, LLC
`blynch@niro-mcandrews.com
`mmcandrews@niro-mcandrews.com
`
`4
`
`
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