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By: Andrew W. Schultz
`
`Pepper Hamilton LLP
`
`125 High Street, High Street Tower
`
`Boston, MA 02110
`
`(617) 204-5100 (telephone)
`
`schultza@pepperlaw.com
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`MICROSOFT CORPORATION, SAMSUNG ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. AND ZTE (USA), INC.
`Petitioners
`
`v.
`
`IXI IP, LLC
`Patent Owner
`
`___________________
`
`Case No. IPR2017-00898
`Patent 7,552,124
`___________________
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. 42.73(b)
`
`
`
`
`
`
`
`
`
`
`

`

`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`
`IPR2017-00898
`Patent 7,552,124
`
`
`The Board instituted trial in the above-captioned inter partes review of
`
`claims 1-5 (“the instituted claims”) of U.S. Patent No. 7,552,124. Paper 13 at 35.
`
`IXI IP, LLC (“Patent Owner”) hereby abandons the contest pursuant to 37 C.F.R. §
`
`42.73(b)(4) and requests cancellation of the instituted claims.
`
`Patent Owner is filing concurrently herewith a request for adverse judgment
`
`in IPR2016-01669, in which trial was also instituted with respect to claims 1-5 of
`
`the ’124 Patent. Patent Owner notes that upon entry of an order terminating these
`
`inter partes reviews, the only remaining proceeding before the Office involving the
`
`’124 Patent will be ex parte reexamination Control No. 90/013,988.
`
`
`
`Respectfully submitted,
`
`Dated: November 9, 2017
`
`
`
`Respectfully submitted,
`
`By: /Andrew W. Schultz/
`Andrew W. Schultz, Reg. No. 66,869
`Pepper Hamilton LLP
`125 High Street, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`schultza@pepperlaw.com
`Attorney for Patent Owner
`
`1
`
`

`

`IPR2017-00898
`Patent 7,552,124
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on November 9, 2017, a true and correct copy of the foregoing
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT was served on counsel for
`Petitioner (Andrew M. Mason, Joseph T. Jakubek, and J. Christopher Carraway)
`via email pursuant to Petitioner’s consent to electronic service::
`
`
`andrew.mason@klarquist.com
`joseph.jakubek@klarquist.com
`chris.carraway@klarquist.com
`
`
`Dated: November 9, 2017
`
`
`
`Respectfully submitted,
`
`By: /Andrew W. Schultz/
`Andrew W. Schultz, Reg. No. 66,869
`Pepper Hamilton LLP
`125 High Street, High Street Tower
`Boston, MA 02110
`(617) 204-5100 (telephone)
`schultza@pepperlaw.com
`
`
`
`

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