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`Trials@uspto.gov
`571.272.7822 Entered: March 6, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`MICROSOFT CORPORATION,
`Petitioner,
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`v.
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`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.
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`Per Curiam.
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`
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`ADVERSE JUDGMENT
`37 C.F.R. § 42.73(b)(4)
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`
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`IPR2018-01440
`Patent 6,757,718 B1
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`
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`I.
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`BACKGROUND
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`Petitioner requested inter partes review of various claims of U.S.
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`Patent No. 6,757,718 B1 (“the ʼ718 patent”) (Paper 1). A Notice of Filing
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`Date Accorded to Petition and Time for Filing Patent Owner Preliminary
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`Response was mailed September 12, 2018 (Paper 5). Patent Owner did not
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`file a preliminary response to the petition by three months from the mailing
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`date of the Notice (December 12, 2018). Rather, on January 25, 2019,
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`Patent Owner filed a paper abandoning the contest pursuant to 37 C.F.R.
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`§ 42.73(b)(4) (Paper 6).
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`II. DISCUSSION
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`A party may request judgment against itself at any time during a
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`proceeding (37 C.F.R. § 42.73(b)). Here, Patent Owner has abandoned the
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`contest in this proceeding, which is construed as a request for adverse
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`judgment (see 37 C.F.R. § 42.73(b)(4) (“Actions construed to be a request
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`for adverse judgment include: . . . Abandonment of the contest.”)). Under
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`these circumstances, entry of judgment adverse to Patent Owner in this case
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`is appropriate.
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`III. CONCLUSION
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`In view of Patent Owner’s abandonment of the contest, adverse
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`judgment against Patent Owner is granted.
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`It is, therefore,
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`IV. ORDER
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`ORDERED that adverse judgment against Patent Owner is entered
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`under 37 C.F.R. § 42.73(b)(4).
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`2
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`IPR2018-01440
`Patent 6,757,718 B1
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`For PETITIONER:
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`Joseph A. Micallef
`Scott Border
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`sborder@sidley.com
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`
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`For PATENT OWNER:
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`Steven W. Hartsell
`Sarah E. Spires
`Alexander E. Gasser
`SKIERMONT DERBY LLP
`shartsell@skiermontderby.com
` agasser@skiermontderby.com
`sspires@skiermontderby.com
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`3
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