`Trials@uspto.gov
`571-272-7822 Entered: January 24, 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.
`
`
`
`
`JUDGMENT
`Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`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 as to claims 1–5, 7, 8, 11, 12, 14–16, and 20–30 of the
`’722 patent 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.
`On January 10, 2018, we ordered Patent Owner to show cause 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). Paper 9. On January 22, 2018,
`Patent Owner responded to our order to show cause. Paper 10. In its
`response, Patent Owner represents that it has filed a disclaimer of claims 1–
`5, 7, 8, 11, 12, 14–16, and 20–30 of the ’722 patent, disclaiming all claims
`for which trial was instituted such that there is no remaining claim in the
`trial. Id. at 2. Patent Owner filed a copy of the disclaimer. Ex. 2001.
`Patent Owner’s disclaimer of claims 1–5, 7, 8, 11, 12, 14–16, and 20–
`30, all of the claims involved in the trial, 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 1–5, 7, 8, 11, 12, 14–16, and 20–30 of the ’722
`patent;
`
`2
`
`
`
`IPR2017-00929
`Patent 7,929,722 B2
`
`FURTHER ORDERED that claims 1–5, 7, 8, 11, 12, 14–16, and 20–
`30 of the ’722 patent are herein cancelled; and
`FURTHER ORDERED that all scheduled Due Dates (Paper 8) are
`vacated and the hearing scheduled for May 1, 2018 is cancelled.
`
`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
`
`