`571-272-7822
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`
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`Paper 16
`Entered: December 16, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HEWLETT-PACKARD COMPANY,
`Petitioner,
`
`v.
`
`YYZ LLC,
`Patent Owner.
`____________
`
`Case CBM2015-00049 (Patent 7,062,749 B2)
`Case CBM2015-00050 (Patent 7,603,674 B2)
`____________
`
`
`
`Before THOMAS L. GIANNETTI, RICHARD E. RICE, and
`MICHAEL L. WOODS, Administrative Patent Judges.
`
`RICHARD E. RICE, Administrative Patent Judge.
`
`JUDGMENT AND FINAL WRITTEN DECISION
`Abandonment of the Contest
`35 U.S.C. § 328(a) and 37 C.F.R. § 42.73(b)(4)
`
`
`
`
`
`This case is before the Board on Petitioner’s motion for adverse
`
`judgment under 37 C.F.R. § 42.73(b). Paper 15.
`
`In CBM2015-00049, Petitioner filed a Petition (Paper 1) requesting
`
`covered business method patent review of claims 22, 23, and 27–29 of U.S.
`
`Patent No. 7,062,749 B2; and in CBM2015-00050, Petitioner filed a Petition
`
`
`
`CBM2015-00049 (Patent 7,062,749 B2)
`CBM2015-00050 (Patent 7,603,674 B2)
`
`(Paper 2) requesting covered business method patent review of claims 51,
`
`52, and 55–57 of U.S. Patent No. 7,603,674 B2. The Board granted both
`
`Petitions and instituted covered business method patent reviews of all
`
`challenged claims on June 30, 2015. Paper 9.1 On December 2, 2015, the
`
`Board issued an Order authorizing Petitioner to file a motion seeking
`
`adverse judgment. Paper 14. Petitioner filed an “Unopposed Motion for
`
`Entry of Adverse Judgment against Patent Owner pursuant to 37 C.F.R.
`
`§ 42.73(b)” (“Motion”) on December 3, 2015. Paper 15. The Motion states
`
`that “Patent Owner has not filed its trial response to the petition, and has
`
`acknowledged through counsel that it would be taking no further action in
`
`the subject CBM proceedings, CBM2015-00049 and CBM2015-00050.”
`
`Paper 15, 1. The Motion also states that “Patent Owner has confirmed
`
`through counsel that it has abandoned the subject CBM proceedings.” Id.
`
`(citing Paper 14, 2).
`
`Under 37 C.F.R. § 42.73(b)(4), a party may request judgment against
`
`itself at any time during a proceeding. Actions construed to be a request for
`
`such an adverse judgment include abandonment of the contest. We find that
`
`Patent Owner’s actions and admissions, as set forth in the Motion, constitute
`
`abandonment of these CBM Proceedings, and we determine based on such
`
`abandonment that Patent Owner has requested adverse judgment under 37
`
`C.F.R. § 42.73(b)(4) in both proceedings.
`
`
`
`1 Similar papers were filed in each proceeding. Citations are to papers filed
`in CBM2015-00049 unless otherwise indicated.
`
` 2
`
`
`
`
`
`CBM2015-00049 (Patent 7,062,749 B2)
`CBM2015-00050 (Patent 7,603,674 B2)
`
`
`Accordingly, it is hereby
`
`ORDERED that Petitioner’s Unopposed Motions for Entry of
`
`Adverse Judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b), in
`
`CBM2015-00049 and CBM2015-00050, are GRANTED;
`
`
`
`FURTHER ORDERED that this Order constitutes a final written
`
`decision under 35 U.S.C. § 328(a) in CBM2015-00049 and CBM2015-
`
`00050;
`
`FURTHER ORDERED that Patent Owner’s request under 37 C.F.R.
`
`§ 42.73(b)(4) for adverse judgment in CBM2015-00049 is GRANTED;
`
`FURTHER ORDERED that Patent Owner’s request under 37 C.F.R.
`
`§ 42.73(b)(4) for adverse judgment in CBM2015-00050 is GRANTED;
`
`FURTHER ORDERED that claims 22, 23, and 27–29 of U.S. Patent
`
`No. 7,062,749 B2 be CANCELLED; and
`
`FURTHER ORDERED claims 51, 52, and 55–57 of U.S. Patent No.
`
`7,603,674 B2 be CANCELLED.
`
`
`
`
`
`
`
` 3
`
`
`
`
`
`CBM2015-00049 (Patent 7,062,749 B2)
`CBM2015-00050 (Patent 7,603,674 B2)
`
`For PETITIONER:
`
`Brian S. Mudge
`Adeel Haroon
`KENYON & KENYON LLP
`1500 K Street, NW
`Washington, DC 20005-1257
`bmudge@kenyon.com
`aharoon@kenyon.com
`
`
`
`For PATENT OWNER
`
`Julie Chovanes
`Chovanes Law LLC
`Suite 329
`5 Great Valley Parkway
`Malvern, PA 19355
`jchovanes@chovanes.com
`
`
`
` 4
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