throbber
Paper 7
`
`
`
`Trials@uspto.gov
`571.272.7822 Entered: March 6, 2019
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`IPA TECHNOLOGIES INC.,
`Patent Owner.
`____________
`
`Case IPR2018-01440
`Patent 6,757,718 B1
`____________
`
`
`Before DEBRA K. STEPHENS, THOMAS L. GIANNETTI, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`Per Curiam.
`
`
`
`ADVERSE JUDGMENT
`37 C.F.R. § 42.73(b)(4)
`
`
`
`
`
`

`

`IPR2018-01440
`Patent 6,757,718 B1
`
`
`
`I.
`
`BACKGROUND
`
`Petitioner requested inter partes review of various claims of U.S.
`
`Patent No. 6,757,718 B1 (“the ʼ718 patent”) (Paper 1). A Notice of Filing
`
`Date Accorded to Petition and Time for Filing Patent Owner Preliminary
`
`Response was mailed September 12, 2018 (Paper 5). Patent Owner did not
`
`file a preliminary response to the petition by three months from the mailing
`
`date of the Notice (December 12, 2018). Rather, on January 25, 2019,
`
`Patent Owner filed a paper abandoning the contest pursuant to 37 C.F.R.
`
`§ 42.73(b)(4) (Paper 6).
`
`II. DISCUSSION
`
`A party may request judgment against itself at any time during a
`
`proceeding (37 C.F.R. § 42.73(b)). Here, Patent Owner has abandoned the
`
`contest in this proceeding, which is construed as a request for adverse
`
`judgment (see 37 C.F.R. § 42.73(b)(4) (“Actions construed to be a request
`
`for adverse judgment include: . . . Abandonment of the contest.”)). Under
`
`these circumstances, entry of judgment adverse to Patent Owner in this case
`
`is appropriate.
`
`III. CONCLUSION
`
`In view of Patent Owner’s abandonment of the contest, adverse
`
`judgment against Patent Owner is granted.
`
`It is, therefore,
`
`IV. ORDER
`
`ORDERED that adverse judgment against Patent Owner is entered
`
`under 37 C.F.R. § 42.73(b)(4).
`
`
`
`2
`
`

`

`IPR2018-01440
`Patent 6,757,718 B1
`
`
`For PETITIONER:
`
`Joseph A. Micallef
`Scott Border
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`sborder@sidley.com
`
`
`
`For PATENT OWNER:
`
`Steven W. Hartsell
`Sarah E. Spires
`Alexander E. Gasser
`SKIERMONT DERBY LLP
`shartsell@skiermontderby.com
` agasser@skiermontderby.com
`sspires@skiermontderby.com
`
`
`
`
`3
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket