`571-272-7822
`
`
`
`
`
`Paper No. 15
`Filed: April 26, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`STINGRAY DIGITAL GROUP, INC.,
`Petitioner,
`
`v.
`
`MUSIC CHOICE,
`Patent Owner.
`____________
`
`Case IPR2017-01193
`Patent 9,357,245 B1
`____________
`
`
`Before MITCHELL G. WEATHERLY, GREGG I. ANDERSON, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`
`
`JUDGMENT
`37 C.F.R. § 42.73
`
`
`
`
`
`
`
`IPR2017-01193
`Patent 9,357,245 B1
`
`
`I. INTRODUCTION
`
`A. Background
`Stingray Digital Group, Inc., (“Petitioner”) filed a Petition to institute
`inter partes review of claims 1–9, 12–14, 16, and 17 (“the challenged
`claims”) of U.S. Patent No. 9,357,245 B1 (Ex. 1001, “the ’245 patent”).
`Paper 1, 1, 3. Music Choice (“Patent Owner”) filed a Preliminary Response.
`Paper 5. We instituted review on all challenged claims. Paper 8, 23.
`Subsequent to our Decision to Institute, and in lieu of filing a Response,
`Patent Owner disclaimed all of the challenged claims, and requested adverse
`judgment against itself. Paper 9, 1; see also Ex. 2002. For the reasons
`discussed below, we enter adverse judgment against Patent Owner, and
`terminate the proceeding.
`
`II. ANALYSIS
`Pursuant to 37 C.F.R. § 42.73(b), “[a] party may request judgment
`against itself at any time during a proceeding.” Moreover, certain actions
`taken by a party, such as the “[c]ancellation or disclaimer of a claim such
`that the party has no remaining claim in the trial” can be construed as a
`request for adverse judgment against that party. Id. § 42.73(b)(2). Here,
`Patent Owner has not only disclaimed all of the challenged claims such that
`no challenged claim remains pending in the trial, but has explicitly requested
`adverse judgment against itself. See Paper 9, 1; see also Ex. 2002.
`Accordingly, on the record before us, we enter adverse judgment
`against Patent Owner pursuant to 37 C.F.R. § 42.73(b) and terminate the
`trial pursuant to 37 C.F.R. § 42.72.
`
`2
`
`
`
`IPR2017-01193
`Patent 9,357,245 B1
`
`
`It is:
`
`III. ORDER
`
`ORDERED that Patent Owner’s request for adverse judgment
`is granted;
`FURTHER ORDERED that adverse judgment is entered
`against Patent Owner; and
`FURTHER ORDERED that this proceeding is hereby
`terminated.
`
`
`
`
`
`
`3
`
`
`
`IPR2017-01193
`Patent 9,357,245 B1
`
`For PETITIONER:
`Heath J. Briggs
`Joshua L. Raskin
`briggsh@gtlaw.com
`raskinj@gtlaw.com
`
`
`For PATENT OWNER:
`Robert Ashbrook
`Robert Rhoad
`Brian S. Rosenbloom
`Martin M. Zoltick
`Michael V. Battaglia
`Jennifer B. Maisel
`brosenbloom@frem.com
`mzoltick@rfem.com
`mbattaglia@rfem.com
`
`jmaisel@rfem.com
`robert.ashbrook@dechert.com
`robert.rhoad@dechert.com
`
`
`
`
`4
`
`
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