Hammond Development International, Inc.

Patent Trials and Appeals BoardMay 10, 2021

IPR2020-01029 (P.T.A.B. May. 10, 2021)

Trials@uspto.gov Paper 19 571-272-7822 Entered: May 10, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD AMAZON.COM, INC., Petitioner, v. HAMMOND DEVELOPMENT INTERNATIONAL, INC., Patent Owner. IPR2020-01029 Patent 10,264,032 B1 Before MICHELLE N. WORMMEESTER, AMBER L. HAGY, and KRISTI L. R. SAWERT, Administrative Patent Judges. HAGY, Administrative Patent Judge. JUDGMENT Granting Request for Adverse Judgment After Institution of Trial 37 C.F.R. § 42.73(b) IPR2020-01029 Patent 10,264,032 B1 2 I. INTRODUCTION Amazon.com, Inc. (“Petitioner”) filed a petition for inter partes review (Paper 2) challenging claims 1–23 of U.S. Patent No. 10,264,032 B1 (Ex. 1001, the “’032 patent”). See 35 U.S.C. § 311. Hammond Development International, Inc. (“Patent Owner”) waived filing a preliminary response. Paper 8. On December 17, 2020, we granted institution of inter partes review. Paper 9. On May 7, 2021, Patent Owner filed a Request for Adverse Judgment Pursuant to 37 C.F.R. § 42.73. Paper 18 (“Request”). Patent Owner’s Request states “[o]n April 21, 2021, the Board entered a Final Written Decision in IPR2020-00080, finding claims 1–23 of U.S. Patent No. 10,264,032 to be unpatentable. In view of this Final Written Decision, pursuant to 37 C.F.R. § 42.73(b)(4), Patent Owner . . . hereby requests that the Board enter an adverse judgment in this case with respect to claims 1–23 of U.S. Patent No. 10,264,032.” Request, 1. In an email to the Board dated May 5, 2021, Patent Owner represented that it had conferred with Petitioner, and stated that “Petitioner does not oppose Patent Owner’s request for authorization to file and does not oppose Petitioner’s Request for Adverse Judgment.” Ex. 3001. II. DISCUSSION “A party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b) (2019). Patent Owner has so requested and Petitioner does not oppose. Accordingly, on the record before us in which Patent Owner has abandoned the contest and Petitioner does not oppose Patent Owner’s Request, we enter adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) in the above-identified proceeding. IPR2020-01029 Patent 10,264,032 B1 3 III. ORDER Accordingly, it is: ORDERED that Patent Owner’s Request for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b)(4) is granted; FURTHER ORDERED that adverse judgment against Patent Owner is entered under 37 C.F.R. § 42.73(b)(4) cancelling claims 1–23 of U.S. Patent No. 10,264,032 B1; FURTHER ORDERED that this constitutes a Final Written Decision under 35 U.S.C. § 318(a); FURTHER ORDERED that Patent Owner shall file a notice and copy of this judgment in the files of any proceeding or action involving the ’032 patent; and FURTHER ORDERED that, pursuant to 37 C.F.R. § 42.73(d)(3), Patent Owner is precluded from taking any action inconsistent with this judgment, including obtaining any patent claim that is not patentably distinct from a cancelled claim in this proceeding. IPR2020-01029 Patent 10,264,032 B1 4 FOR PETITIONER: Colin Heideman Joseph Re Jeremy Anapol Cheryl Burgess Christie Matthaei Daniel P. Hughes KNOBBE, MARTENS, OLSEN & BEAR, LLP 2cbh@knobbe.com 2jrr@knobbe.com 2jaa@knobbe.com 2ctb@knobbe.com 2crw@knobbe.com 2dph@knobbe.com FOR PATENT OWNER: Andrew J. Wright Joseph P. Oldaker Matthew C. Juren NELSON BUMGARDNER ALBRITTON P.C. andrew@nbafirm.com joseph@nbafirm.com matthew@nelbum.com