Norman International, Inc.v.Hunter Douglas Inc.

Patent Trial and Appeal Board

Oct 16, 2015

10184008 (P.T.A.B. Oct. 16, 2015)

Trials@uspto.gov Paper No. 31
571.272.7822 Filed: October 16, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
_______________
NORMAN INTERNATIONAL, INC.,
Petitioner,
v.
HUNTER DOUGLAS INC.,
Patent Owner.
_______________

Case IPR2014-01175
Patent 6,968,884 B2
_______________

Before LINDA M. GAUDETTE, JAMES P. CALVE and
HYUN J. JUNG, Administrative Patent Judges.

GAUDETTE, Administrative Patent Judge.

JUDGMENT AND FINAL WRITTEN DECISION
35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
IPR2014-01175
Patent 6,968,884 B2

2
On October 15, 2015, Hunter Douglas, Inc. (“Patent Owner”) filed a
Request for Adverse Judgment Pursuant to 37 C.F.R. § 42.73(b)(2). Paper
29 (“Request”).
BACKGROUND
On February 10, 2015, the Board instituted an inter partes review of
the patentability of claim 7 of U.S. Patent No. 6,968,884 B2 (“the ’884
patent”). Paper 7. Oral argument was requested by both parties (Papers 15,
17), and was scheduled for October 20, 2015. Paper 20. On October 13,
2015, Patent Owner filed a statutory disclaimer (Ex. 2005, “Disclaimer”)
with the United States Patent and Trademark Office pursuant to 37 C.F.R.
§ 1.321(a), disclaiming claim 7 of the ’884 patent. Request 1.
DISCUSSION
A party may request judgment against itself at any time during a
proceeding. 37 C.F.R. § 42.73(b). Actions construed as a request for entry of
adverse judgment include “[c]ancellation or disclaimer of a claim such that
the party has no remaining claim in the trial.” Id. Patent Owner has
disclaimed, under 37 C.F.R. § 1.321, claim 7 of the ’884 patent, and
explicitly requests that the Board enter adverse judgment against it with
respect to claim 7, the sole claim at issue in this trial. Paper 29, 1.
Having reviewed the Disclaimer and Request, we determine that entry
of judgment against Patent Owner with respect to claim 7 of the ’884 patent
is appropriate.
ORDER
Accordingly, it is
ORDERED that adverse judgment is entered under 37 C.F.R.
§ 42.73(b) against Patent Owner with respect to claim 7 of the ’884 patent;
IPR2014-01175
Patent 6,968,884 B2

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FURTHER ORDERED that the oral hearing scheduled for October
20, 2015, is cancelled; and
FURTHER ORDERED that this Order constitutes a final written
decision under 35 U.S.C. § 318(a).

PETITIONER:

Bing Ai
Ai-ptab@perkinscoie.com

Kourtney Mueller Merrill
KMerrill@perkinscoie.com

PATENT OWNER:

Kristopher Reed
HD-Norman-IPR@kilpatricktownsend.com

Darin Gibby
dgibby@kilpatricktownsend.com