`571-272-7822
` Entered: November 21, 2017
`
`
`
`
`
`
`
`
`
`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.,
`Petitioner,
`
`v.
`
`
` IXI MOBILE (R&D) LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-00898
`Patent 7,552,124 B2
`____________
`
`
`Before BRYAN F. MOORE, TREVOR M. JEFFERSON, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`JUDGMENT
`37 C.F.R. § 42.73
`
`
`
`
`
`
`IPR2017-00898
`Patent 7,552,124 B2
`
`
`
`I.
`
`INTRODUCTION
`
`Microsoft Corporation, Samsung Electronics Co. Ltd., Samsung
`
`Electronics America, Inc., and ZTE (USA), Inc. (“Petitioner”) filed a
`
`Petition (Paper 4) pursuant to 35 U.S.C. §§ 311–19 to institute an inter
`
`partes review of claims 1–10 of U.S. Patent No. 7,552,124 B2 (“the ’124
`
`patent,” Ex. 1001). On September 11, 2017, the Board instituted trial to
`
`review the patentability of claims 1–5. Paper 13.
`
`On November 9, 2017, Patent Owner filed a Request for Adverse
`
`Judgement. Paper 15.1
`
`II. DISCUSSION
`
`A party may request adverse judgment against itself at any time. 37
`
`C.F.R. § 42.73(b). In its Request for Adverse Judgment Patent Owner states
`
`that it “hereby abandons the contest pursuant to 37 C.F.R. § 42.73(b)(4) and
`
`requests cancellation of the instituted claims.” Paper 15. There is no
`
`pending motion to amend claims. Petitioner has entered no objection to the
`
`Request for Adverse Judgment. Under these circumstances, we determine
`
`that entry of judgment against Patent Owner with respect to claims 1–5 of
`
`the ’124 patent is appropriate.
`
`
`
`1 Patent Owner also filed a Request for Adverse Judgement in IPR2016-
`
`01669 involving the same patent and claims as this proceeding. IPR2016-
`
`01669, Paper 23.
`
`2
`
`
`
`IPR2017-00898
`Patent 7,552,124 B2
`
`
`
`Accordingly, it is
`
`III. ORDER
`
`ORDERED that adverse judgment is entered under 37 C.F.R.
`
`§ 42.73(b) against Patent Owner with respect to claims 1–5 of the ’124
`
`patent. Claims 1–5 are unpatentable and shall be cancelled2.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2 See 37 C.F.R. § 42.80 (“After the Board issues a final written decision in
`
`an inter partes patent review . . . the Office will issue and publish a
`
`certificate canceling any claim of the patent finally determined to be
`
`unpatentable . . . .”
`
`3
`
`
`
`IPR2017-00898
`Patent 7,552,124 B2
`
`
`PETITIONER:
`
`
`Andrew M. Mason
`Andrew.mason@klarquist.com
`
`Joseph T. Jakubek
`Joseph.jakubek@klarquist.com
`
`J. Christopher Carraway
`Chris.carraway@klarquist.com
`
`
`
`
`
`
`PATENT OWNER:
`
`
`William D. Belanger
`belangerw@pepperlaw.com
`
`Griffin Mesmer
`mesmerg@pepperlaw.com
`
`Andrew Schultz
`schultza@pepperlaw.com
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
