`571-272-7822
`
`
`Paper No. 15
`Date: December 30, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DEVELOPMENTAL TECHNOLOGIES, LLC,
`Petitioner,
`
`v.
`
`DUPONT SAFETY AND CONSTRUCTION, INC.,
`Patent Owner.
`____________
`
`PGR2018-00102
`Patent 9,848,543 B2
`____________
`
`
`Before SCOTT A. DANIELS, CARL M. DEFRANCO, and
`RYAN H. FLAX, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Granting Patent Owner’s Request for Adverse Judgment Post-Institution
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`
`PGR2018-00102
`Patent 9,848,543 B2
`
`
`DuPont Safety and Construction, Inc. (“DuPont”) is the owner of U.S.
`Patent No. 9,848,543 B2 (“the ’543 patent”).1 Developmental Technologies,
`LLC (“DTL”) filed a petition for post-grant review of claims 1–18 of the
`’543 patent. Paper 1. On April 3, 2019, we instituted a post-grant review of
`all the challenged claims. Paper 6. DuPont now requests cancellation of
`those claims and entry of adverse judgment under 37 C.F.R. § 42.73(b)(2).
`Paper 14.
`A patent owner is free to request judgment against itself “at any time
`during a proceeding” upon “[c]ancellation or disclaimer” of all the
`challenged claims in the petition such that there is “no remaining claim in
`the trial.” 37 C.F.R. § 42.73(b). Here, DuPont requests cancellation of all
`the challenged claims on which we instituted trial, i.e., claims 1–18 of the
`’543 patent. Paper 14. Because no claims will remain for trial upon
`cancellation of claims 1–18, the entry of final judgment against DuPont is
`appropriate.
`Accordingly, it is hereby
`ORDERED that DuPont’s request for adverse judgment is granted;
`FURTHER ORDERED that claims 1–18 of the ’543 patent are
`cancelled;
`FURTHER ORDERED that, upon cancellation of claims 1–18 of the
`’543 patent, judgment against DuPont pursuant to 37 C.F.R. § 42.73(b) is
`entered;
`
`1 After the petition was filed, ownership of the ’543 patent was transferred
`from E.I. DuPont De Nemours and Company, the originally-named patent
`owner, to DuPont Safety and Construction, Inc. Paper 11 at 2. A copy of
`the assignment was recorded with the Office on June 17, 2019. See id.,
`Ex. 1.
`
`2
`
`
`
`PGR2018-00102
`Patent 9,848,543 B2
`
`
`FURTHER ORDERED that DuPont shall file a notice and copy of
`this final judgment in the files of any proceeding or action involving the
`’543 patent; and
`FURTHER ORDERED that, pursuant to 37 C.F.R. § 42.73(d)(3),
`DuPont is precluded from taking any action inconsistent with this final
`judgment, including obtaining or maintaining any patent claim that is not
`patentably distinct from the cancelled claims in this proceeding.
`
`
`
`
`
`
`For PETITIONER:
`Scott Balderston
`Steven Olsen
`DEVELOPMENTAL TECHNOLOGIES, LLC
`sbalderston@symbus.com
`solsen@sropetent.com
`
`
`For PATENT OWNER:
`Stephen Gombita
`Steven Benjamin
`DUPONT SAFETY AND CONSTRUCTION, INC.
`stephen.j.gombita@dupont.com
`steven.c.benjamin@dupont.com
`
`
`
`3
`
`