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`571-272-7822
`Date Entered: February 28, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BESTWAY (USA), INC.,
`Petitioner,
`
`v.
`
`INTEX MARKETING LTD.,
`Patent Owner.
`_____________
`
`Case PGR2017-00029
`Patent 9,567,762 B2
`____________
`
`Before KEN B. BARRETT, FRANCES L. IPPOLITO, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`IPPOLITO, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Patent Owner’s Request for Adverse Judgment
`37 C.F.R. §§ 42.72, 42.73
`
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`
`
`
`PGR2017-00029
`Patent 9,567,762 B2
`
`
`
`BACKGROUND
`Bestway (USA), Inc. (“Petitioner”) filed a Petition (Paper 1, “Pet.”)
`for post-grant review of claims 1–29 of U.S. Patent No. 9,567,762 B2
`(Ex. 1001, “the ’762 patent”). Intex Marketing Ltd. (“Patent Owner”) filed a
`Preliminary Response to the Petition (Paper 8, “Prelim. Resp.”). On
`December 4, 2017, we instituted a post-grant review of claims 1, 2, 6–9, and
`16–29 the ’762 patent. Paper 10.
`On February 16, 2018, Patent Owner filed a Request for Adverse
`Judgment, Paper 12, requesting adverse judgment pursuant to 37 C.F.R.
`§ 42.73(b), with respect to the claims that are the subject of this proceeding.
`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). In its request, Patent
`Owner “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.” Paper 12, 2. Petitioner indicated in a February 26, 2018 email to
`the Board that it does not oppose Patent Owner’s request.
`Under these circumstances, we determine that the grant of the request
`for entry of adverse judgment is appropriate.
`ORDER
`It is ORDERED that Patent Owner’s Request for Adverse Judgment
`under 37 C.F.R. § 42.73(b) with respect to claims 1, 2, 6–9, and 16–29 of
`U.S. Patent No. 9,567,762 B2 is GRANTED; and,
`FURTHER ORDERED that judgment is entered herein against Patent
`Owner with respect to claims 1, 2, 6–9, and 16–29 of U.S. Patent
`No. 9,567,762 B2. Claims 1, 2, 6–9, and 16–29 shall be cancelled.
`
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`2
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`PGR2017-00029
`Patent 9,567,762 B2
`PETITIONER:
`
`Michael P. Chu
`James J. Kritsas
`Brian S. Jones
`MCDERMOTT WILL & EMERY
`mchu@mwe.com
`jkritsas@mwe.com
`bajones@mwe.com
`
`PATENT OWNER:
`
`R. Trevor Carter
`Andrew M. McCoy
`FAEGRE BAKER DANIELS LLP
`trevor.carter@faegrebd.com
`andrew.mccoy.ptab@faegrebd.com
`
`
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`3
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