`571-272-7822
`
`
` Paper 11
` Entered: December 13, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DONNELLY DISTRIBUTION LLC
`and
` RAIMONDI S.P.A.,
`Petitioner,
`
`v.
`
`RUSSO TRADING CO., INC.,
`Patent Owner.
`____________
`
`IPR2019-00761
`Patent 9,279,259 B1
`____________
`
`
`Before ANDREI IANCU, Under Secretary of Commerce for Intellectual
`Property and Director of the United States Patent and Trademark Office,
`SALLY C. MEDLEY, and KEVIN W. CHERRY,
`Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`JUDGMENT
`Granting Request for Adverse Judgment After Institution of Trial
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`
`IPR2019-00761
`Patent 9,279,259 B1
`
`
`
`On September 6, 2019, we instituted trial on claims 6 and 7 of U.S.
`Patent No. 9,279,259 B1 (Ex. 1001, “the ’259 patent”). Paper 8. On
`December 6, 2019, Russo Trading Co., Inc. (“Patent Owner”) filed Patent
`Owner’s Request for Adverse Judgment (Paper 10, “Request”). Paper 10.
`Patent Owner requests that we cancel challenged claims 6 and 7 of the ’259
`patent. Request 1. Patent Owner further requests that, because claims 6 and
`7 are the only challenged claims in this matter, we terminate this inter partes
`review. Id.
`A party may request entry for adverse 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 cancelation of patent claims, such that
`a party has no remaining claim in the trial. Id. § 42.73(b)(2). Patent
`Owner’s request to cancel claims 6 and 7 of the ’259 patent leaves no claim
`remaining for trial. Accordingly, entry of judgment adverse to Patent Owner
`pursuant to 37 C.F.R. § 42.73(b) is appropriate.
`Accordingly, it is
`ORDERED that Patent Owner’s request for adverse judgment is
`granted;
`FURTHER ORDERED that claims 6 and 7 of U.S. Patent No.
`9,279,259 B1 are canceled;
`FURTHER ORDERED that judgment is entered adverse to Patent
`Owner with respect to claims 6 and 7 of U.S. Patent No. 9,279,259 B1; and
`FURTHER ORDERED that this inter partes review is terminated.
`
`
`
`
`2
`
`
`
`IPR2019-00761
`Patent 9,279,259 B1
`
`For PETITIONER:
`Roger L. Browdy
`Ronni S. Jillions
`BROWDY AND NEIMARK, PLLC
`rlbrowdy@browdyneimark.com
`rsjillions@browdyneimark.com
`
`Brad D. Pedersen
`PATTERSON THUENTE PEDERSEN, P.A.
`pedersen@ptslaw.com
`
`
`For PATENT OWNER:
`
`Thomas S. Reynolds II
`Marlee A. Jansen
`Jeremy Adelson
`HANSEN REYNOLDS LLC
`treynolds@hrdclaw.com
`mjansen@hrdclaw.com
`jadelson@hansenreynolds.com
`
`
`
`
`
`
`3
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`