`Tel: 571-272-7822
`
`
`Paper No. 15
`Entered: January 7, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`FITBIT, INC.
`Petitioner,
`
`v.
`
`SMART WEARABLE TECHNOLOGIES INC.,
`Patent Owner.
`_______________
`
`Case IPR2018-00252
`Patent 6,997,882 B1
`_______________
`
`
`Before PATRICK R. SCANLON, ZHENYU YANG, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Granting Request for Adverse Judgment After Institution of Trial
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`IPR2018-00252
`Patent 6,997,882 B1
`
`
`
`
`INTRODUCTION
`After a trial was instituted in this proceeding, Smart Wearable
`Technologies Inc. (“Patent Owner”) filed a Renewed Disclaimer of
`Challenged Claims, which requests that we enter adverse judgment. Paper
`13. Patent Owner states that it has filed a statutory disclaimer of claims 8–
`10, which are all of the claims challenged in this proceeding. Id. at 2.
`Patent Owner’s disclaimer has been filed as Exhibit 2001 in this proceeding.
`“A party may request judgment against itself at any time during a
`proceeding.” 37 C.F.R. § 42.73(b). Actions construed to be a request for
`adverse judgment include “disclaimer of a claim such that the party has no
`remaining claim in the trial.” Id. § 42.73(b)(2). Here, Patent Owner has
`requested cancellation of each of the claims challenged in the Petition and
`expressly requested entry of adverse judgment. Paper 13, 2. Patent Owner’s
`request for entry of adverse judgment is granted.
`ORDER
`
`Accordingly, it is
`ORDERED that judgment is entered against Patent Owner under
`37 C.F.R. § 42.73(b);
`FURTHER ORDERED that a certificate canceling claims 8–10 of
`U.S. Patent No. 6,997,882 B1 will be issued in due course pursuant to 35
`U.S.C. § 318(b) and 37 C.F.R. § 42.80;
`FURTHER ORDERED that this constitutes a final written decision
`under 35 U.S.C. § 318(a); and
`FURTHER ORDERED that this proceeding is hereby terminated.
`
` 2
`
`
`
`
`
`
`
`
`
`
`
`
`
` 3
`
`
`
`IPR2018-00252
`Patent 6,997,882 B1
`
`PETITIONER:
`Harper Batts
`Christopher Ponder
`hbatts@sheppardmullin.com
`cponder@sheppardmullin.com
`Jeremy Taylor
`Baker Botts L.L.P.
`jeremy.taylor@bakerbotts.com
`
`PATENT OWNER:
`Richard Wojcio
`Friedman, Suder & Cooke
`wojcio@fsclaw.com
`
`
`
`
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