Unified Patents Inc.v.TransVideo Electronics Ltd.

Patent Trial and Appeal BoardFeb 8, 2016

08085329 (P.T.A.B. Feb. 8, 2016)

Trials@uspto.gov Paper 11 571-272-7822 Entered: February 8, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ UNIFIED PATENTS INC., Petitioner, v. TRANSVIDEO ELECTRONICS, LTD., Patent Owner. ____________ Case IPR2015-01519 Patent 5,594,936 ____________ Before THOMAS L. GIANNETTI, MATHEW R. CLEMENTS, and ROBERT L. KINDER, Administrative Patent Judges. KINDER, Administrative Patent Judge. JUDGMENT AND FINAL WRITTEN DECISION 35 U.S.C. § 328(a) and 37 C.F.R. § 42.73 IPR2015- 01519 Patent 5,594,936 2 I. INTRODUCTION On January 15, 2016, we instituted an inter partes review of claims 1–14 of U.S. Patent No. 5,594,936. Paper 8. Patent Owner sought permission to file, and then filed, a “Request for Adverse Judgment” on February 6, 2016. Paper 10. The request, made pursuant to 37 C.F.R. § 42.73(b)(4), states “Patent Owner hereby abandons the contest, and requests adverse judgment.” Id. No opposition has been filed by Petitioner. II. DISCUSSION A party may request judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Pursuant to 37 C.F.R. § 42.73(b)(4), “[a]bandonment of the contest” is construed as a request for adverse judgment. Here, Patent Owner has abandoned the contest as to all claims subject to trial in this proceeding and requested adverse judgment. Paper 10. Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1–14 is appropriate. III. ORDER Accordingly, it is: ORDERED that Patent Owner’s Request for Adverse Judgment under 37 C.F.R. § 42.73(b) with respect to claims 1–14 of U.S. Patent No. 5,594,936 is granted; FURTHER ORDERED that judgment is herein entered against Patent Owner with respect to claims 1−14 of Patent 5,594,936; FURTHER ORDERED that this constitutes a final written decision under 35 U.S.C. § 328(a); and FURTHER ORDERED that claims 1–14 of U.S. Patent No. 5,594,936 be canceled. IPR2015- 01519 Patent 5,594,936 3 PETITIONER: P. Andrew Riley Joshua Goldberg Carlos Rosario Jonathan Stroud FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP andrew.riley@finnegan.com joshua.goldberg@finnegan.com carlos.rosario@finnegan.com Jonathan.stroud@finnegan.com PATENT OWNER: René A. Vazquez Maureen V. Abbey HENINGER GARRISON DAVIS, LLC rvazquez@hgdlawfirm.com maureen@hgdlawfirm.com PG_iMTX@hgdlawfirm.com

Unified Patents Inc. v. TransVideo Electronics Ltd.