`Trials@uspto.gov
`571-272-7822 Entered: January 10, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`K/S HIMPP,
`Petitioner,
`
`v.
`
`III HOLDINGS 7, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00929
`Patent 7,929,722 B2
`____________
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, JASON J. CHUNG, and
`KIMBERLY MCGRAW, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`ORDER SHOW CAUSE
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2017-00929
`Patent 7,929,722 B2
`
`K/S HIMPP (“Petitioner”) filed a Petition for inter partes review of
`
`claims 1–5, 7, 8, 11, 12, 14–16, and 20–30 of U.S. Patent No. 7,929,722 B2
`(Ex. 1001, “the ’722 patent”). Paper 3 (“Pet.”). III Holdings 7, LLC
`(“Patent Owner”) did not file a Preliminary Response. On August 14, 2017,
`we instituted trial and set a November 1, 2017 due date for Patent Owner to
`file a Response. Paper 8, 6. Patent Owner did not file a Patent Owner
`Response. Nor did Patent Owner arrange a conference call with the Board
`and opposing counsel per Board instructions to do so. See id. at 3.
`Pursuant to our rules, “[a]ctions construed to be a request for adverse
`judgment include . . . [a]bandonment of the contest.” 37 C.F.R.
`§ 42.73(b)(4). Adverse judgment against a Patent Owner, will result in
`cancellation of all involved claims of the involved patent. Patent Owner’s
`failure to file substantive papers in this trial is consistent with abandonment
`of the contest. Within ten (10) days of the date of this Order, Patent Owner
`must show why its inactions in this trial should not be construed as a request
`for adverse judgment under 37 C.F.R. § 42.73(b)(4).
`Accordingly, it is
`ORDERED that Patent Owner shall, no later than 10 days from the
`date of this order, show why its inactions in this trial should not be construed
`as a request for adverse judgment under 37 C.F.R. § 42.73(b)(4); and
`FURTHER ORDERED that failure to respond to this order may result
`in cancellation of the involved claims of the involved patent.
`
`2
`
`
`
`IPR2017-00929
`Patent 7,929,722 B2
`
`FOR PETITIONER:
`Donald R. Steinberg
`Don.Steinberg@wilmerhale.com
`Yung-Hoon Ha
`Yung-Hoon.Ha@wilmerhale.com
`Haixia Lin
`Haixia.Lin@wilmerhale.com
`Christopher R. O’Brien
`Christopher.O’Brien@wilmerhale.com
`Vera A Shmidt
`Vera.Shmidt@wilmerhale.com
`
`FOR PATENT OWNER:
`Henry A. Petri, Jr.
`hpetri@polsinelli.com
`James P. Murphy
`jpmurphy@polsinelli.com
`Margaux A. Savee
`msavee@polsinelli.com
`Tim R. Seeley
`tims@intven.com
`Russ Rigby
`rrigby@intven.com
`
`3
`
`
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