`Filed: February 16, 2018
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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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`BESTWAY (USA), INC.,
`Petitioner
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`v.
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`INTEX MARKETING LTD.,
`Patent Owner
`_______________
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`Case No. PGR2017-00029
`Patent No. 9,567,762
`_______________
`
`
`Before KEN B. BARRETT, FRANCES L. IPPOLITO, and
`KEVIN W. CHERRY, Administrative Patent Judges.
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`
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`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. § 42.73(b)(2)
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`US.116485647.01
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`1
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`
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`Case PGR2017-00029
`Patent No. 9,567,762
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`The Board instituted review in the above-captioned proceeding for claims 1,
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`2, 6-9, and 16-29 of U.S. Patent No. 9,567,762 (the “’762 Patent”). Paper 10
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`(Institution Decision) at 2, 41.
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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)(2). Accordingly, Patent Owner Intex
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`Marketing Ltd. respectfully requests judgment against itself and asks that the
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`Board cancel the instituted claims (claims 1, 2, 6-9, and 16-29) and enter adverse
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`judgment against it. Patent Owner’s cancellation of the instituted claims is not an
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`admission regarding the merits of Petitioner’s position that the claims are invalid
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`and/or that the asserted references, taken alone or in combination, teach or suggest
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`all the limitations of the claims.
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`In view of the requested cancellation of claims 1, 2, 6-9, and 16-29 of the
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`‘762 Patent, upon which trial was instituted, Patent Owner respectfully requests
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`that the PTAB enter an adverse judgment against Patent Owner and terminate this
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`proceeding pursuant to 37 C.F.R. § 42.73(b)(2).
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`FAEGRE BAKER DANIELS LLP
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`By: /R. Trevor Carter/
`R. Trevor Carter
`Reg. No. 40,549
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`Dated: February 16, 2018
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`US.116485647.01
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`2
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`Case PGR2017-00029
`Patent No. 9,567,762
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on February 16, 2018, I
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`caused a true and correct copy of Patent Owner’s Request for Adverse Judgment to
`be served via email on the following:
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`Michael P. Chu
`mchu@mwe.com
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`James J. Kritsas
`jkritsas@mwe.com
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`Brian S. Jones
`bajones@mwe.com
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`Dated: February 16, 2018
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`FAEGRE BAKER DANIELS LLP
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`By: /R. Trevor Carter/
`R. Trevor Carter
`Reg. No. 40,549
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`US.116485647.01
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`3
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