`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`XILINX, INC.,
`Petitioner,
`
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
`____________
`
`IPR2017-00844
`Patent 6,653,731 B2
`____________
`
`
`Before MICHAEL J. FITZPATRICK, JENNIFER MEYER CHAGNON,
`and SHEILA F. McSHANE, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Granting Patent Owner’s Adverse Judgment Request
`After Institution of Trial
`37 C.F.R. § 42.73(b)
`
`Trials@uspto.gov Paper No. 11
` Entered: October 18, 2017
`571-272-7822
`
`
`
`
`
`
`
`
`
`
`IPR2017-00844
`Patent 6,653,731 B2
`
`
`I. BACKGROUND
`Xilinx, Inc. (“Petitioner”) requested inter partes review of claim 5 of
`U.S. Patent 6,653,731 B2 (“the ’731 patent”). Paper 1 (“Petition” or “Pet.”).
`Godo Kaisha IP Bridge 1 (“Patent Owner”) filed a Preliminary Response.
`Paper 7. On August 24, 2017, we instituted an inter partes review of
`claim 5 of the ’731 patent. Paper 8.
`On October 6, 2017, in a Patent Owner Response, Patent Owner
`notified the Board that it filed a statutory disclaimer under 35 U.S.C.
`§ 253(a) and 37 C.F.R. § 1.321(a) of claim 5 of the ’731 patent, which is the
`only claim at issue in this inter partes review. Paper 10, 1. Patent Owner
`also filed a copy of the statutory disclaimer. Ex. 2005. In the Patent Owner
`Response, Patent Owner states that, in view of the of the disclaimer of the
`only claim in the proceeding, the proceeding should be terminated pursuant
`to 37 C.F.R. § 42.73(b)(2). Paper 10, 1. Petitioner does not oppose Patent
`Owner’s request.
`
`II. DISCUSSION
`A party may request adverse judgment against itself. 37 C.F.R.
`§ 42.73(b). Here, Patent Owner requests “that this proceeding should be
`terminated pursuant to 37 C.F.R. § 42.73(b)(2),” because no claim remains
`in the trial after Patent Owner’s disclaimer of the only claim at issue in this
`proceeding, namely, claim 5. Paper 10, 1; see also Ex. 2005. We
`understand this to be a request for an adverse judgment under 37 C.F.R.
`§ 42.73(b)(2). We grant Patent Owner’s request and enter adverse judgment
`against Patent Owner under 37 C.F.R. § 42.73(b)(2).
`
`
`
`
`
`2
`
`
`
`IPR2017-00844
`Patent 6,653,731 B2
`
`
`III. ORDER
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s request for adverse judgment is
`
`granted, and judgment is entered against Patent Owner under 37 C.F.R.
`§ 42.73(b)(2);
`
`FURTHER ORDERED that claim 5 of U.S. Patent No. 6,653,731 B2
`is unpatentable; and
`
`FURTHER ORDERED that this constitutes a final written decision
`under 35 U.S.C. § 318(a).
`
`
`
`3
`
`
`
`IPR2017-00844
`Patent 6,653,731 B2
`
`PETITIONER:
`
`Steven H. Slater
`Roger Knapp
`Brian A. Mair
`SLATER MATSIL, LLP
`17950 Preston Road, Suite 1000
`Dallas, TX 75252
`sslater@slatermatsil.com
`rknapp@slatermatsil.com
`bmair@slatermatsil.com
`
`PATENT OWNER:
`
`Gerald B. Hrycyszyn
`Elisabeth H. Hunt
`Edmund J. Walsh
`Richard F. Giunta
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`GHrycyszyn-PTAB@wolfgreenfield.com
`EHunt-PTAB@wolfgreenfield.com
`EWalsh-PTAB@wolfgreenfield.com
`RGiunta-PTAB@wolfgreenfield.com
`
`
`
`4
`
`
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