`
`Paper: 21
`Entered: May 7, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KVK-TECH, INC.
`FLAT LINE CAPITAL, LLC,
`Petitioner,
`
`v.
`
`SILVERGATE PHARMACEUTICALS, INC.,
`Patent Owner.
`____________
`
`Case PGR2017-00039
`Patent 9,463,183
`____________
`
`Before GRACE KARAFFA OBERMANN, RAMA G. ELLURU,
`and MICHELLE N. ANKENBRAND,
`
`Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`
`ORDER
`Dismissing Patent Owner’s Request for Rehearing
`37 C.F.R. § 42.71(d)(1)
`
`
`
`
`
`
`
`
`
`PGR2017-00039
`Patent 9,463,183
`
`
`In this post grant review of claims 1–13 (all claims) of U.S. Patent
`No. 9,453,183, Petitioner pursues a challenge based on obviousness under
`35 U.S.C. § 103. See Paper 1, 54–81 (petition); Paper 8 (institution
`decision); Paper 17 (order modifying institution decision); Paper 18 (parties’
`joint request to remove from dispute two grounds based on 35 U.S.C.
`§ 112); see also Order (entered concurrently herewith, granting parties’ joint
`request to remove from dispute the two grounds based on 35 U.S.C. § 112).
`On February 20, 2018, Patent Owner filed a Request for Rehearing of
`our decision instituting a post grant review. Paper 11. On April 16, 2018,
`the parties filed a Joint Motion for Adverse Judgment. Paper 16 (“Joint
`Motion”). In the Joint Motion, Patent Owner informed the Board that, in the
`event that we grant the Joint Motion and terminate the proceeding, Patent
`Owner “considers its request for rehearing to be moot and withdraws its
`request.” Id. at 1. Concurrently herewith, we issue a Judgment and Final
`Written Decision that grants the Joint Motion and terminates the proceeding.
`Accordingly, on this record, we dismiss Patent Owner’s Request for
`Rehearing (Paper 11) as moot.
`
`It is
`ORDERED that Patent Owner’s Request for Rehearing (Paper 11) is
`dismissed as moot.
`
`
`
`
`
`
`
`2
`
`
`
`PGR2017-00039
`Patent 9,463,183
`
`PETITIONER:
`Zachary Silbersher
`Gaston Kroub
`Kroub, Silbersher & Kolmykov PLLC
`zsilbersher@kskiplaw.com
`gkroub@kskiplaw.com
`
`PATENT OWNER:
`Jeffrey Guise
`Richard Torczon
`Wendy Devine
`Clark Lin
`Wilson Sonsini Goodrich & Rosati PC
`jguise@wsgr.com
`rtorczon@wsgr.com
`wdevine@wsgr.com
`clin@wsgr.com
`
`3
`
`
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