PhishMe, Inc.v.Chapman Technology Group, Inc.

Patent Trial and Appeal BoardDec 9, 2014

13360420 (P.T.A.B. Dec. 9, 2014)

Trials@uspto.gov Paper 16 Tel: 571-272-7822 Entered: December 10, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ PHISHME, INC., Petitioner, v. CHAPMAN TECHNOLOGY GROUP, INC., Patent Owner. _______________ Case IPR2014-00531 Patent 8,484,741 _______________ Before JENNIFER S. BISK, DAVID C. McKONE, and GREGG I. ANDERSON, Administrative Patent Judges. BISK, Administrative Patent Judge. JUDGMENT Request for Adverse Judgment 37 C.F.R. § 42.73(b) On September 3, 2014, we instituted an inter partes review of claims 1–5, 8, 12, 13, 16, 19, 28–31, 37, and 40 of U.S. Patent No. 8,484,741 (“the ’741 patent”). Paper 8. On December 5, 2014, Patent Owner requested cancellation of all these claims and sought entry of adverse judgment. Paper 14. IPR2014-00531 Patent 8,484,741 2 Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Furthermore, under § 42.73(b)(2), actions construed as a request for entry of adverse judgment include cancellation of claims such that the party has no remaining claim in the trial. Patent Owner has not only requested cancellation of all claims involved in this inter partes review, such that after the cancellation it will have no remaining claim in the trial, but also expressly requested entry of adverse judgment. Patent Owner’s request to cancel claims 1–5, 8, 12, 13, 16, 19, 28–31, 37, and 40 of the ’741 patent and request for entry of adverse judgment are granted. Accordingly, it is ORDERED that judgment is entered against Patent Owner under 37 C.F.R. § 42.73(b); FURTHER ORDERED that this constitutes a final written decision under 35 U.S.C. § 318(a); FURTHER ORDERED that the request to cancel claims 1–5, 8, 12, 13, 16, 19, 28–31, 37, and 40 of the ’741 patent is granted; FURTHER ORDERED that inter partes review captioned IPR2014- 00531 be terminated. IPR2014-00531 Patent 8,484,741 3 PETITIONER: James Denaro Edward Radlo CIPHER LAW james.denaro@cipherlawgroup.com ed@cipherlawgroup.com PATENT OWNER: Robert A. Lawler James G. Morrow REINHART BOERNER VAN DEUREN S.C. ipadmin@reinhartlaw.com

PhishMe, Inc. v. Chapman Technology Group, Inc.