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Paper No. 11
` Trials@uspto.gov
` Tel: 571.272.7822 Entered: February 20, 2018
`
`
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`
`
`
`
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`
`
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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`K/S HIMPP,
`Petitioner,
`
`v.
`
`III HOLDINGS 4, LLC
`Patent Owner.
`
`
`
`Case IPR2017-00783
`Patent 9,191,756 B2
`
`
`
`
`Before SALLY C. MEDLEY, JAMES T. MOORE, and
`DAVID C. MCKONE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`JUDGMENT
`Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`

`

`IPR2017-00783
`Patent 9,191,756 B2
`

`
`
`
`K/S HIMPP (“Petitioner”) filed a Petition requesting an inter partes
`review of claims 1–20 of U.S. Patent No. 9,191,756 B2 (Ex. 1001, “the ’756
`patent”) pursuant to 35 U.S.C. §§ 311–319. Paper 2 (“Pet.”). The ’756 patent
`is assigned to III Holdings 4, LLC (“Patent Owner”). See Pet. 1.
`Patent Owner did not file a Preliminary Response. On August 3, 2017,
`we instituted trial as to claims 1–20 of the ’570 patent. Paper 6.
`On January 16, 2018, Patent Owner informed the Board via email that it
`intended to file a statutory disclaimer of the ’756 patent. On January 23, 2018,
`Patent Owner filed a “Disclaimer in Patent under 37 CFR 1.321(a)” with the
`Patent Office disclaiming claims 1–20 of the ’756 patent. Ex. 2001.
`Patent Owner’s disclaimer of claims 1–20 of the ’756 patent, disclaims
`all claims for which trial was instituted such that there are no remaining claims
`in the trial. This action is construed as a request for entry of adverse
`judgment. 37 C.F.R. § 42.73(b)(2). The request is granted.
`Accordingly, it is
`ORDERED that Patent Owner’s request for adverse judgment is
`granted;
`FURTHER ORDERED that judgment is herein entered against Patent
`Owner with respect to claims 1–20 of the ’756 patent;
`FURTHER ORDERED that claims 1–20 of the ’756 patent are herein
`cancelled; and
`FURTHER ORDERED that all scheduled Due Dates (Paper 7) are
`vacated and the hearing scheduled for May 1, 2018 is cancelled.
`

`
`2
`
`

`


`
`IPR2017-00783
`Patent 9,191,756 B2
`
`
`PETITIONER:
`
`Donald R. Steinberg
`Yung-Hoon Ha
`Haixia Lin
`Christopher R. O’Brien
`Vera A. Shmidt
`WILMER CUTLER PICKERING HALE AND DORR LLP
`Don.Steinberg@wilmerhale.com
`sam.ha@wilmerhale.com
`Haixia.Lin@wilmerhale.com
`Christopher.OBrien@wilmerhale.com
`Vera.Shmidt@wilmerhale.com
`
`
`
`
`PATENT OWNER:
`
`Henry A. Petri, Jr.
`James P. Murphy
`Margaux A. Savee
`POLSINELLI PC
`hpetri@polsinelli.com
`jpmurphy@polsinelli.com
`msavee@polsinelli.com
`
`Tim R. Seeley
`Russ Rigby
`INTELLECTUAL VENTURES
`tims@intven.com
`rrigby@intven.com
`
`
`
`

`
`3
`
`

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