`Trials@uspto.gov
`571-272-7822 Date: October 8, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`SATTLER TECH CORP.,
`Petitioner,
`
`v.
`
`
`
`
`HUMANCENTRIC VENTURES, LLC,
`Patent Owner.
`_____________
`
`Case PGR2019-00030
`Patent D823,093 S
`_____________
`
`
`Before SCOTT A. DANIELS, BART A. GERSTENBLITH, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`JUDGMENT
`Granting Request for Adverse Judgment After Institution of Trial
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`PGR2019-00030
`Patent D823,093 S
`
`
`BACKGROUND
`I.
`Petitioner requested institution of a post-grant review of the design
`claim of U.S. Patent No. D823,093 S (“the ʼ093 patent”). Paper 1. We
`granted the Petition and instituted a post-grant review. See, e.g., Paper 9
`(Decision, Institution of Post-Grant Review). On August 30, 2019, Patent
`Owner filed a Request for Adverse Judgment Under 37 C.F.R. § 42.73(b), in
`which Patent Owner states: “Patent Owner disclaims the Claim of US Patent
`D823,093 and requests adverse judgement [sic] in this proceeding.”
`Paper 11.
`
`II. DISCUSSION
`“A party may request judgment against itself at any time during a
`proceeding.” 37 C.F.R. § 42.73(b) (2018). Here, Patent Owner explicitly
`requests adverse judgment. Paper 11, 1.1 Under these circumstances, entry
`of judgment adverse to Patent Owner is appropriate.
`
`III. CONCLUSION
`In view of Patent Owner’s request for adverse judgment, adverse
`judgment against Patent Owner is granted.
`
`IV. ORDER
`
`It is, therefore,
`ORDERED that adverse judgment against Patent Owner is entered
`under 37 C.F.R. § 42.73(b);
`
`1 Although Patent Owner’s Request states that Patent Owner disclaims the
`claim of the ’093 patent, it is not clear whether Patent Owner complied with
`37 C.F.R. § 1.321(a). Nonetheless, we need not determine whether Patent
`Owner’s “action[]” should be construed as a request for an adverse judgment
`under 37 C.F.R. § 42.73(b)(2) because Patent Owner expressly requests
`adverse judgment be entered against itself.
`
`
`
`2
`
`
`
`PGR2019-00030
`Patent D823,093 S
`
`
`FURTHER ORDERED that this paper constitutes a final written
`decision under 35 U.S.C. § 318(a); and
`FURTHER ORDERED that the claim of U.S. Patent No. D823,093 S
`shall be cancelled.
`
`
`
`
`
`
`3
`
`
`
`PGR2019-00030
`Patent D823,093 S
`
`For PETITIONER:
`
`Michael L. Greenberg
`Stevan Lieberman
`GREENBERG & LIEBERMAN, LLC
`Michael@APLegal.com
`Stevan@APLegal.com
`
`Kenneth E. Keller
`William T. Palmer
`Robert C.F. Perez
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`kenneth.keller@pillsburylaw.com
`robert.perez@pillsburylaw.com
`
`
`For PATENT OWNER:
`
`James M. Heintz
`Dale S. Lazar
`DLA PIPER LLP
`Jim.heintz@dlapiper.com
`dale.lazar@dlapiper.com
`patentprosecutionres@dlapiper.com
`
`
`
`4
`
`
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