`$71-272-7822
`
`Paper No. 24
`Entered: February 11, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VOLKSWAGEN GROUP OF AMERICA,INC.,
`Petitioner,
`
`Vv.
`
`WEST VIEW RESEARCH, LLC,
`Patent Owner.
`
`Case IPR2016-00125
`Patent 8,290,778 B2
`
`Before KARL D. EASTHOM, MICHAEL R. ZECHER,and
`JASON J. CHUNG,Administrative Patent Judges.
`
`EASTHOM,Administrative Patent Judge.
`
`JUDGMENT
`FINAL WRITTEN DECISION
`Inter Partes Review
`35 US.C. § 318(a) and 37 C_F.R. § 42.73(b)
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`I.
`
`BACKGROUND
`
`On November17, 2015, Petitioner, Volkswagen Group of America,
`
`Inc. (“Volkswagen”), filed a Petition requesting an inter partes review of
`
`claims 1, 3, 5, 8, 9, 22, 27, 28, and 30 (“the challenged claims”) of U.S.
`
`Patent No. 8,290,778 B2 (Ex. 1001, “the ’778 patent”). Paper 2. Patent
`
`Owner, West View Research, LLC (“West View’), did not file a Preliminary
`
`Response. On May 13, 2016, we instituted an inter partes review as to the
`
`challenged claims of the ’778 patent. Paper8.
`
`On February 9, 2016, West View filed a Request for Adverse
`
`Judgment pursuant to 37 C.F.R. § 42.73(b). Paper 23 (“Mot.”). West View
`
`requests that we cancel the challenged claims of the ’778 patent and, as a
`
`consequence,enter adverse judgment against West Viewinthistrial.
`
`Mot. 1. For the reasons discussed below, we grant West View’s Requestfor
`
`Adverse Judgment.
`
`Il.
`
`DISCUSSION
`
`A party may request entry of adverse judgmentagainstitself at any
`
`time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a
`
`request for adverse judgmentinclude, among otherthings, cancellation or
`
`disclaimer of a claim such that the party has no remaining claim in thetrial.
`
`37 C.F.R. § 42.73(b)(2). West View requests that we cancel claims1, 3, 5,
`
`8, 9, 22, 27, 28, and 30, which are all of the challenged claims involved in
`
`this trial. Given that no challenged claims remainin this trial, entry of
`
`adverse judgment against West View and cancellation of the challenged
`
`claims of the ’778 patent is appropriate.
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`Il. ORDER
`
`In consideration of the foregoing,it is
`
`ORDEREDthat West View’s Request for Adverse Judgementis
`
`GRANTED;
`
`ORDEREDthat adverse judgment is entered against West View with
`
`respect to claims 1, 3, 5, 8, 9, 22, 27, 28, and 30 of the ’778 patent,
`
`FURTHER ORDEREDthat claims1, 3, 5, 8, 9, 22, 27, 28, and 30 of
`
`the ’778 patent are cancelled'; and
`
`FURTHER ORDEREDthat, becausethis is a Final Written Decision,
`
`parties to this proceeding seeking judicial review of our decision must
`
`comply with the notice and service requirements of 37 C.F.R. § 90.2.
`
`' See 37 C.F.R. § 42.80 (indicating that after the Board issuesa final written
`decision in an inter partes patent review proceeding, the Office will issue
`and publishacertificate canceling any claim of the patent finally determined
`to be unpatentable).
`
`
`
`IPR2016-00125
`Patent 8,290,778 B2
`
`For PETITIONER:
`Michael J. Lennon
`Clifford A. Ulrich
`Kenyon & Kenyon LLP
`mlennon@kenyon.com
`culrich@kenyon.com
`
`For PATENT OWNER:
`Peter J. Gutierrez, II
`Kim H. Leung
`Mark Wang
`Gazdzinski & Associates, PC
`docket@gazpat.com
`
`
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