POWERTEC SOLUTIONS INTERNATIONAL, LLC

Patent Trials and Appeals BoardDec 6, 2021

PGR2021-00070 (P.T.A.B. Dec. 6, 2021)

Trials@uspto.gov Paper 15 571-272-7822 Entered: December 6, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD PRECISION POWER, LLC, Petitioner, v. POWERTEC SOLUTIONS INTERNATIONAL, LLC, Patent Owner. PGR2021-00070 Patent 10,714,954 B2 Before BARBARA A. PARVIS, TERRENCE W. McMILLIN, and ELIZABETH M. ROESEL, Administrative Patent Judges. ROESEL, Administrative Patent Judge. JUDGMENT Granting Request for Adverse Judgment After Institution of Trial 37 C.F.R. § 42.73(b) PGR2021-00070 Patent 10,714,954 B2 2 Precision Power, LLC (“Petitioner”) filed a Petition requesting a post- grant review of claims 1–16 of U.S. Patent No. 10,714,954 B2. Paper 2. On September 13, 2021, we instituted a trial in this proceeding on all challenged claims. Paper 10. On December 1, 2021, PowerTec Solutions International, LLC (“Patent Owner”) notified the Board that it is abandoning the contest in this proceeding and requesting adverse judgment. Paper 14. Our rules provide that “[a] party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Moreover, certain actions taken by a party, such as “[a]bandonment of the contest,” can be construed as a request for adverse judgment against that party. Id. § 42.73(b)(4). Although we instituted a trial, we have not yet decided the merits of this proceeding. Accordingly, we enter adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) and terminate the trial pursuant to 37 C.F.R. § 42.72. It is: ORDERED that adverse judgment is entered against Patent Owner; FURTHER ORDERED that claims 1–16 of U.S. Patent No. 10,714,954 are canceled; and FURTHER ORDERED that this proceeding is terminated and all scheduled Due Dates (see Paper 11) are vacated. PGR2021-00070 Patent 10,714,954 B2 3 For PETITIONER: Jonathan Giroux Joshua Brown Samuel Means GREENBERG TRAURIG, LLP girouxj@gtlaw.com brownjr@gtlaw.com meansc@gtlaw.com For PATENT OWNER: Shane Cortesi THE LAW OFFICE OF SHANE V. CORTESI shane.cortesi@cortesilaw.com