`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________
`
`
`NXP USA, INC.,
`
`Petitioner
`
`v.
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`IMPINJ, INC.,
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`Patent Owner
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`__________________
`
`IPR2020-00974
`Patent 9,349,090
`__________________
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`PETITIONER REPLY
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`IPR2020-00974
`Patent 9,349,090
`
`I.
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`Patent Owner Failed To File A Patent Owner Response; Adverse
`Judgment Should Be Entered
`On December 1, 2020, trial was instituted in the present case based on the
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`following grounds:
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`Claims Challenged
`
`Ground Type
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`Reference(s)
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`8-10, 12, 14
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`1, 3, 9, 11
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`8-12, 14
`
`
`Paper 6 at 11, 57.
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`35 U.S.C. § 103(a)
`
`Moore
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`35 U.S.C. § 103(a)
`
`Moore, Duron
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`35 U.S.C. § 103(a)
`
`Bakhtiar, Duron
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`The Scheduling Order set Due Date 1 for the Patent Owner Response for
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`February 23, 2021. Paper 7 at 11. Patent Owner did not file a Response. Despite
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`Board direction stating, “If Patent Owner elects not to file a response, Patent Owner
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`must arrange a conference call with the parties and the Board,” Patent Owner did not
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`arrange for such a call. Id., 8.
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`Because Patent Owner has abandoned the contest, Petitioner respectfully
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`requests that the panel enter adverse judgment against the Patent Owner under 37
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`C.F.R. § 42.73(b)(4). Knappco Corporation v. CHS Inc., IPR2016-00342, Paper 11
`
`(Oct. 4, 2016).
`
`
`
`1
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`
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`
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`IPR2020-00974
`Patent 9,349,090
`
`
`Date: May 14, 2021
`
`
`
`
`
`Respectfully submitted,
`
`By: /Matthew W. Johnson/
`
`David L. Witcoff, Reg. No. 31,443
`Thomas W. Ritchie, Reg. No. 65,505
`77 W. Wacker Dr.
`Chicago, IL 60601
`(312) 782-3939
`
`Matthew W. Johnson, Reg. No. 59,108
`JONES DAY
`500 Grant Street, Suite 4500
`Pittsburgh, PA 15219
`
`
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`2
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`IPR2020-0974
`Patent 9,349,090
`
`
`CERTIFICATE OF COMPLIANCE UNDER 37 C.F.R. § 42.24
`
`I, the undersigned, do hereby certify that the attached document, including
`
`footnotes, complies with the type-volume limits specified by 37 C.F.R. § 42.24. The
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`brief does not exceed the 5,600 word limit, and contains 1647 words, as measured by
`
`the Word Count function of Microsoft Word.
`
`
`Date: May 14, 2021
`
`
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`
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`By:
`
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`/Matthew W. Johnson/
`
`
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`-3-
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`
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`IPR2020-00974
`Patent 9,349,090
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing Petitioner Reply
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`has been served in its entirety by e-mail on Petitioner’s counsel at the following
`
`addresses:
`
`Christina J. McCullough
`Perkins Coie LLP
`Mccullough-ptab@perkinscoie.com
`
`Ramsey M. Al-Salam
`Perkins Coie LLP
`Al-salam-ptab@perkinscoie.com
`
`R. Tyler Kendrick
`Perkins Coie LLP
`Kendrick-ptab@perkinscoie.com
`
`Daniel T. Keese
`Perkins Coie LLP
`Keese-ptab@perkinscoie.com
`
`Impinj-NXPTeam@PerkinsCoie.com
`
`
`
`Date: May 14, 2021
`
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`/Matthew W. Johnson/
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