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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`HEWLETT-PACKARD COMPANY,
`Petitioner
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`v.
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`YYZ, LLC,
`Patent Owner
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`CBM2015-00049
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`UNOPPOSED MOTION FOR ENTRY OF ADVERSE JUDGMENT
`AGAINST PATENT OWNER PURSUANT TO 37 C.F.R § 42.73(b)
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`U.S. PATENT NO. 7,062,749
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`Pursuant to the Board’s December 2, 2015 order (paper no. 14), Petitioner
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`respectfully submits this motion for entry of adverse judgment against Patent
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`Owner under 37 C.F.R § 42.73(b). The basis for this motion is as follows:
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`1) Patent Owner has not filed its trial response to the petition, and has
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`acknowledged through counsel that it would be taking no further action in the
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`subject CBM proceedings, CBM2015-00049 and CBM2015-00050.
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`2) Patent Owner has not filed an appeal to the Federal Circuit with respect to
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`the final judgment entered in the related district court litigation in YYZ, LLC v.
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`Hewlett Packard Co., No. 1:13-cv-00136-SLR (D. Del.) (or in the other related
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`cases involving the subject patent), and the time for filing any such appeal has
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`expired; in the summary judgment opinion that accompanied final judgment, the
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`district court ruled that the patent claims at issue are invalid under 35 U.S.C. §101.
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`See paper nos. 12-13 and Ex. nos. 1036-1038.
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`3) Patent Owner has confirmed through counsel that it has abandoned the
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`subject CBM proceedings. See paper 14 at 2.
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`Adverse judgment is governed by 37 C.F.R § 42.73(b). Under 37 C.F.R §
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`42.73(b)(4), “Abandonment of the contest” is construed as a request for adverse
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`judgment. Since the actions and statements of Patent Owner indisputably
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`demonstrate that Patent Owner has abandoned these CBM proceedings, the Board
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`- 1 -
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`should enter adverse judgment against Patent Owner pursuant to 37 C.F.R §
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`42.73(b).
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`Conclusion.
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`For the reasons stated above, Petitioner requests that the Board grant this
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`motion and enter adverse judgment against Patent Owner.
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`/s/ Brian S. Mudge/____________
`Brian S. Mudge (Reg. No. 40,738)
`Lead Counsel for Petitioner
`Matthew Faust
`Adeel Haroon (Reg. No. 64,938)
`Backup Counsel for Petitioner
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`- 2 -
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`Date: December 3, 2015
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`Respectfully submitted,
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the foregoing Unopposed Motion For
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`Entry of Adverse Judgment Against Patent Owner Pursuant to 37 C.F.R § 42.73(b)
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`was served via email on jchovanes@chovanes.com, counsel of record for Patent
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` By: /s/ Brian S. Mudge /
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` Brian S. Mudge (Reg. No. 40,738)
`Lead Counsel for Petitioner
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`Owner.
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`Date: December 3, 2015
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`
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`KENYON & KENYON LLP
`1500 K Street, NW
`Washington, DC 20005-1257
`Tel: 202.220.4200
`Fax: 202.220.4201
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