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Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 8
`Entered: April 30, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MERCEDES-BENZ USA, LLC,
`Petitioner,
`
`v.
`
`CARUCEL INVESTMENTS, L.P.,
`Patent Owner.
`____________
`
`IPR2019-01440
`Patent 8,463,177 B2
`____________
`
`
`Before THOMAS L. GIANNETTI, DANIEL J. GALLIGAN, and
`PAUL J. KORNICZKY, Administrative Patent Judges.
`
`KORNICZKY, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Granting Request for Adverse Judgment after
`Institution of Trial
`37 C.F.R. § 42.73(b)
`
`

`

`IPR2019-01440
`Patent 8,463,177 B2
`
`
`BACKGROUND
`Petitioner requested inter partes review of claims 16, 21–28, 30, 31,
`47–49, and 51–53 of U.S. Patent No. 8,463,177 B2 (“the ʼ177 patent”).
`Paper 2. The Board granted the Petition and instituted an inter partes review
`of all challenged claims. Paper 6. In an email dated April 3, 2020, Patent
`Owner notified the Board that, on April 3, 2020, it filed a Disclaimer under
`37 C.F.R. § 1.321(a), disclaiming claims 16, 21–28, 30, 31, 47–49, and 51–
`53 of the ’177 patent. We have filed a copy of this Disclaimer as
`Exhibit 3001.
`
`
`DISCUSSION
`A party may request entry of adverse judgment against itself at any
`time during a proceeding. See 37 C.F.R. § 42.73(b). Here, Patent Owner
`disclaimed all challenged claims such that Patent Owner has no remaining
`claims in the trial, which we construe as a request for adverse judgment. See
`37 C.F.R. § 42.73(b)(2). Under these circumstances, entry of judgment
`adverse to the Patent Owner and termination of this proceeding is
`appropriate.
`
`
`CONCLUSION AND ORDER
`In view of Patent Owner’s disclaimer of claims 16, 21–28, 30, 31, 47–
`49, and 51–53 of the ’177 patent, the request for adverse judgment against
`Patent Owner is granted.
`It is, therefore,
`ORDERED that adverse judgment against the Patent Owner is entered
`under 37 C.F.R. § 42.73(b)(2); and
`
`2
`
`

`

`IPR2019-01440
`Patent 8,463,177 B2
`
`
`FURTHER ORDERED that this proceeding is hereby terminated.
`
`3
`
`

`

`IPR2019-01440
`Patent 8,463,177 B2
`
`For PETITIONER:
`James M. Glass
`John T. McKee
`Sean Gloth
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`johnmckee@quinnemanuel.com
`seangloth@quinnemanuel.com
`
`
`
`
`For PATENT OWNER:
`
`Charles D. Gavrilovich, Jr.
`GAVRILOVICH, DODD & LINDSEY, LLP
`chuck@gdllawfirm.com
`
`Sanford E. Warren, Jr.
`R. Scott Rhoades
`WARREN RHOADES LLP
`swarren@wriplaw.com
`srhoades@wriplaw.com
`
`
`4
`
`

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