`Patent Owner’s Request for Adverse Judgment
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`UNIFIED PATENTS, LLC
`
`Petitioner
`
`v.
`
`ACCELERATED MEMORY TECH, LLC
`
`
`
`
`
`
`
`
`
`
`Patent Owner
`
`———————
`
`IPR2020-00191
`
`U.S. Patent 6,513,062
`
`
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. 42.73(b)(2)
`
`
`
`
`
`IPR2020-00191
`Patent Owner’s Request for Adverse Judgment
`
`Patent Owner hereby provides notice to the Patent Trial and Appeal Board
`
`
`
`that a Disclaimer was filed in connection with U.S. Patent No. 6,513,062 (“the ’062
`
`patent”). The filed Disclaimer disclaims claims 1-8 of the ’062 patent, which include
`
`all of the claims at issue in this inter partes review proceeding. A copy of the filed
`
`Disclaimer is submitted as Patent Owner’s Ex. 2001.
`
`
`
`Under 37 C.F.R. § 42.73(b)(2), “[a] party may request judgment against itself
`
`at any time during a proceeding. Actions construed to be a request for adverse
`
`judgment include[,] . . . [c]ancellation or disclaimer of a claim such that the party
`
`has no remaining claim in the trial.” As all challenged claims of the ’062 patent have
`
`been disclaimed, Patent Owner has no remaining claims in this proceeding.
`
`
`
`Patent Owner, therefore, requests adverse judgment against itself pursuant to
`
`37 C.F.R. § 42.73(b)(2) with respect to the disclaimed claims at issue in this
`
`proceeding, and further requests termination of this proceeding.
`
`Date: February 6, 2020
`
`
`
`
`
`Respectfully submitted,
`
`By: /Jerry C. Liu/
`
`Jerry C. Liu (Reg. No. 47,754)
`Hill, Kertscher & Wharton, LLP
`3350 Riverwood Parkway, Suite 800
`Atlanta, Georgia 30339
`Tel: (770) 953-0995
`Fax: (770) 953-1358
`Email: jl@@hkw-law.com
`Lead Attorney for Patent Owner
`
`
`
`
`IPR2020-00191
`Patent Owner’s Request for Adverse Judgment
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on February 6, 2020, a copy of PATENT
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT UNDER 37
`
`C.F.R. 42.73(b)(2) was served in its entirety by electronic mail, to which Petitioner
`
`in its petition has consented, on Petitioner’s counsel at the following addresses
`
`indicated in the Petition:
`
`
`Lead Counsel for Petitioner:
`
`Raghav Bajaj
`USPTO Reg. No. 66,630
`HAYNES AND BOONE, LLP
`raghav.bajaj.ipr@haynesboone.com
`
`Back-up Counsel for Petitioner:
`
`Ashraf Fawzy
`USPTO Reg. No. 67,914
`Unified Patents Inc.
`afawzy@unifiedpatents.com
`
`Jonathan Stroud
`USPTO Reg. No. 72,518
`Unified Patents Inc.
`jonathan@unifiedpatents.com
`
`David L. McCombs
`USPTO Reg. No. 32,271
`HAYNES AND BOONE, LLP
`david.mccombs.ipr@haynesboone.com
`
`Angela Oliver
`USPTO Reg. No. 73,271
`HAYNES AND BOONE, LLP
`angela.oliver.ipr@haynesboone.com
`
`
`
`Date: Feb. 6, 2020
`
`
`
`
`
`Respectfully submitted,
`
`IPR2020-00191
`Patent Owner’s Request for Adverse Judgment
`
`
`By: /Jerry C. Liu/
`
`Jerry C. Liu (Reg. No. 47,754)
`Hill, Kertscher & Wharton, LLP
`3350 Riverwood Parkway, Suite 800
`Atlanta, Georgia 30339
`Tel: (770) 953-0995
`Fax: (770) 953-1358
`Email: jl@@hkw-law.com
`Lead Attorney for Patent Owner
`
`
`
`
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