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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`PARHELION, INC.,
`Petitioner,
`
`v.
`
`STREAMLIGHT, INC.,
`Patent Owner
`____________
`
`Case PGR2020-00062
`Patent 10,378,702
`____________
`
`Mailed: August 13, 2020
`
`
`Before Althea Wilburn, Trial Paralegal.
`
`
`
`
`PATENT OWNER’S UNOPPOSED REQUEST FOR ENTRY OF ADVERSE
`JUDGMENT UNDER 37 C.F.R. § 42.73(b)(2)
`
`
`
`
`
`

`

`Pending before the Board is the above-captioned Proceeding pertaining to claims 1, 2, 5,
`
`6, 8, 10, 11, 12, 15, 16, 18, 20, 21, 22, 23, 24, 26, 27, 28, and 31 of U.S. Patent No. 10,378,702
`
`(the “’702 Patent”). Due to business considerations, the owner of the ‘702 Patent, Streamlight,
`
`Inc. (“Patent Owner”), has decided to seek termination of the instant proceeding under 37 C.F.R.
`
`§ 42.73(b)(2).
`
`“A party may request judgment against itself at any time during a proceeding.” 37 C.F.R.
`
`§ 42.73(b). Accordingly, Patent Owner respectfully requests judgment against itself under 37
`
`C.F.R. § 42.73(b)(2), and asks that the Board cancel claims 1, 2, 5, 6, 8, 10, 11, 12, 15, 16, 18,
`
`20, 21, 22, 23, 24, 26, 27, 28, and 31 of the ’702 Patent.
`
`Patent Owner’s cancellation of such claims and request for adverse judgment under 37
`
`C.F.R. § 42.73(b) is not an admission or concession by Patent Owner as to the merits of any
`
`positions or contentions set forth by Petitioner in the Petition of the above-captioned Proceeding.
`
`It is noted that Petitioner, Parhelion, Inc., by its lead counsel, Clinton H. Brannon, does
`
`not oppose this request for judgment.
`
`
`
`
`
`Date: August 13, 2020
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Roger W. Herrell/
`
`
`
`Roger W. Herrell
`Reg. No. 22,964
`
`
`
`
`
`Dann, Dorfman, Herrell and Skillman, P.C.
`1601 Market Street, Suite 2400
`Philadelphia, PA 19103
`Telephone:
`215-563-4100 x232
`
`

`

`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6, the undersigned hereby certifies that the foregoing
`PATENT OWNER’S UNOPPOSED REQUEST FOR ENTRY OF ADVERSE
`JUDGMENT UNDER 37 C.F.R. § 42.73(b)(2) were served by email on Petitioner
`at the electronic service addresses of record for the Petition for Post-Grant Review
`with the Patent Trial and Appeal Board of United States Patent and Trademark Office
`on the date indicated below:
`
`
`
`Clinton H. Brannon – cbrannon@williamsmullen.com
`Douglas Tsao – dtsao@williamsmullen.com
`Richard Matthews – rmatthews@williamsmullen.com
`
`
`
`Date: August 13, 2020
`
`
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`
`
`/Christine Gersbach /
`Christine Gersbach
`
`
`
`
`
`Dann, Dorfman, Herrell and Skillman, P.C.
`1601 Market Street, Suite 2400
`Philadelphia, PA 19103
`
`
`

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