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Paper No. 12
`Filed: February 16, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`BESTWAY (USA), INC.,
`Petitioner
`
`v.
`
`INTEX MARKETING LTD.,
`Patent Owner
`_______________
`
`Case No. PGR2017-00029
`Patent No. 9,567,762
`_______________
`
`
`Before KEN B. BARRETT, FRANCES L. IPPOLITO, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. § 42.73(b)(2)
`
`
`
`
`
`US.116485647.01
`
`1
`
`

`

`Case PGR2017-00029
`Patent No. 9,567,762
`
`
`The Board instituted review in the above-captioned proceeding for claims 1,
`
`2, 6-9, and 16-29 of U.S. Patent No. 9,567,762 (the “’762 Patent”). Paper 10
`
`(Institution Decision) at 2, 41.
`
`“A party may request judgment against itself at any time during a
`
`proceeding.” 37 C.F.R. § 42.73(b)(2). Accordingly, Patent Owner Intex
`
`Marketing Ltd. respectfully requests judgment against itself and asks that the
`
`Board cancel the instituted claims (claims 1, 2, 6-9, and 16-29) and enter adverse
`
`judgment against it. Patent Owner’s cancellation of the instituted claims is not an
`
`admission regarding the merits of Petitioner’s position that the claims are invalid
`
`and/or that the asserted references, taken alone or in combination, teach or suggest
`
`all the limitations of the claims.
`
`In view of the requested cancellation of claims 1, 2, 6-9, and 16-29 of the
`
`‘762 Patent, upon which trial was instituted, Patent Owner respectfully requests
`
`that the PTAB enter an adverse judgment against Patent Owner and terminate this
`
`proceeding pursuant to 37 C.F.R. § 42.73(b)(2).
`
`FAEGRE BAKER DANIELS LLP
`
`By: /R. Trevor Carter/
`R. Trevor Carter
`Reg. No. 40,549
`
`
`
`
`
`Dated: February 16, 2018
`
`
`
`
`
`
`
`
`US.116485647.01
`
`2
`
`

`

`Case PGR2017-00029
`Patent No. 9,567,762
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on February 16, 2018, I
`
`caused a true and correct copy of Patent Owner’s Request for Adverse Judgment to
`be served via email on the following:
`
`
`Michael P. Chu
`mchu@mwe.com
`
`James J. Kritsas
`jkritsas@mwe.com
`
`Brian S. Jones
`bajones@mwe.com
`
`
`
`
`Dated: February 16, 2018
`
`FAEGRE BAKER DANIELS LLP
`
`By: /R. Trevor Carter/
`R. Trevor Carter
`Reg. No. 40,549
`
`
`
`
`
`
`
`
`US.116485647.01
`
`3
`
`

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