`571-272-7822
`
`
`
`
`
`
`
`
`
`Paper No. 12
`
`
`
` Entered: January 16, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RPX CORPORATION,
`Petitioner,
`
`v.
`
`DESHODAX LLP,
`Patent Owner.
`____________
`
`Case IPR2018-00280
`Patent 7,307,398 B2
`____________
`
`
`
`Before TREVOR M. JEFFERSON, JOHN A. EVANS, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`EVANS, Administrative Patent Judge.
`
`
`JUDGMENT
`Granting Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`
`IPR2018-00280
`Patent 7,307,398 B2
`
`
`
`INTRODUCTION
`I.
`RPX Corporation (“Petitioner”) filed a Petition requesting an inter
`
`partes review of claims 1–12 (all claims) of U.S. Patent No. 7,307,398 B2
`(Ex. 1001, “the ’398 patent”). Paper 2 (“Pet.”). Deshodax LLC (“Patent
`Owner”) did not file a Preliminary Response. On June 13, 2018, we granted
`the Petition and instituted an inter partes review of all claims, i.e., claims 1–
`12 of the ’398 patent on all grounds set forth in the Petition. Paper 8. On
`October 4, 2018 Patent Owner filed a Motion and Request for Adverse
`Judgement requesting claims 1–12 be canceled so that no claims remain in
`the proceeding. Paper 11.
`
`
`II. ANALYSIS
`A party may request judgment against itself at any time during a
`proceeding. 37 C.F.R. § 42.73(b). Patent Owner indicates that all the claims
`involved in this inter partes review are to be canceled, and Patent Owner
`expressly requests adverse judgment. Paper 11. Therefore, we determine
`that it is appropriate to grant Patent Owner’s request for adverse judgment.
`
`
`
`
`
`
`V. ORDER
`
`In view of the foregoing, it is hereby:
`
`2
`
`
`
`
`
`
`
`IPR2018-00280
`Patent 7,307,398 B2
`
`
`ORDERED that Patent Owner’s request for adverse judgment under
`37 C.F.R. § 42.73(b) is granted; and
`
`FURTHER ORDERED that adverse judgment is entered against
`Patent Owner with respect to claims 1–12 of the ’398 patent; and
`
`FURTHER ORDERED that claims 1–12 of the ’398 patent are hereby
`canceled.
`
`
`
`PETITIONER
`Andrew M. Mason
`Deakin T. Lauer
`John M. Lunsford
`KLARQUIST SPARKMAN, LLP
`andrew.mason@klarquist.com
`deakin.lauer@klarquist.com
`john.lunsford@klarquist.com
`
`
`PATENT OWNER
`
`Peter J. Corcoran
`peter@corcoranip.com
`
`
`
`
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`
`
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`
`
`
`3
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`
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