`
`Trials@uspto.gov
`Entered: December 20, 2017
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`T-MOBILE US, INC. and T-MOBILE USA, INC.,
`Petitioner,
`v.
`BARKAN WIRELESS ACCESS TECHNOLOGIES, L.P.,
`Patent Owner.
`
`
`Case IPR2017-01098
`Patent 8,559,369 B2
`
`
`
`Before MEREDITH C. PETRAVICK, JOHN A. HUDALLA, and
`SHARON FENICK, Administrative Patent Judges.
`
`FENICK, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`
`
`JUDGMENT AND FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
`A party may request judgment against itself at any time during a
`proceeding. 37 C.F.R. § 42.73(b). Actions construed as a request for entry
`of adverse judgment include “[c]ancellation or disclaimer of a claim such
`that the party has no remaining claim in the trial.” 37 C.F.R. § 42.73(b)(2).
`Patent Owner requests cancellation of claim 13 of U.S. Patent No. 8,559,369
`(“the ’369 patent), which is the only claim of the ’369 patent at trial, and
`
`
`
`IPR2017-01098
`Patent 8,559,369 B2
`
`requests entry of adverse judgment against it. Paper 17. We determine that
`entry of adverse judgment against Patent Owner is appropriate.
`Accordingly, it is:
`
`ORDERED that claim 13 of U.S. Patent No. 8,559,369 is cancelled;
`ORDERED that adverse judgment is entered under 37 C.F.R.
`§ 42.73(b) against Patent Owner; and
`FURTHER ORDERED that this Order constitutes a final written
`decision under 35 U.S.C. § 318(a).
`
`
`PETITIONER:
`
`Chun M. Ng
`Miguel Bombach
`John Esterhay
`PERKINS COIE LLP
`cng@perkinscoie.com
`mbombach@perkinscoie.com
`jesterhay@perkinscoie.com
`
`PATENT OWNER:
`
`Robert D. Katz
`KATZ, PLLC
`rkatz@katzfirm.com
`
`Spencer C. Patterson
`spatterson@gchub.com
`
`2
`
`