`Tel: 571-272-7822
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`Paper 9
`Entered: July 24, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`OREN TECHNOLOGIES, LLC,
`Petitioner Application No. 14/882,973,
`Petitioner
`v.
`KENNETH EIDEN, III, BRIAN ANDREW HUNTER,
`MATHEW CARLEY, TIMOTHY STEFAN,
`MARK D’AGOSTINO, and SCOTT D’AGOSTINO,
`Respondent Patent No. 9,758,082 B2,
`Respondent.
`
`DER2016-00001
`
`
`
`
`Before SALLY C. MEDLEY, JONI Y. CHANG, and JOSIAH C. COCKS,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`DECISION
`Dismissing Petition
`37 C.F.R. § 42.71
`
`
`
`DER2016-00001
`Petitioner Application No. 14/882,973
`Respondent Patent No. 9,758,082 B2
`
`
` On October 15, 2015, Petitioner filed a Petition (Paper 1) based upon
`Application No. 14/882,973 (“Petitioner’s ’973 application”) to institute a
`derivation proceeding under 35 U.S.C. § 135, with respect to Application
`No. 14/249,420 (“Respondent’s ’420 application”), which has been
`published as Patent Application Publication No. 2014/0305769 A1
`(Respondent’s ’769 publication), and issued as Patent No. 9,758,082
`(“Respondent’s ’082 patent”).
`As noted in our prior Order (Paper 8), a Final Office Action was
`entered in Petitioner’s ’973 application on July 23, 2019, setting forth a
`six-month statutory period for reply. Ex. 3001 (Final Office Action).
`Subsequently, the Office entered a Notice of Abandonment on
`February 28, 2020, after the six-month statutory period has expired.
`Ex. 3002 (Notice of Abandonment). Petitioner’s ’973 application is
`abandoned in view of Petitioner’s failure to timely file a proper reply to the
`Final Office Action. Id. at 2. A brief review of the Office records shows
`that Petitioner has not filed a continuing application.
`On April 1, 2020, we issued an Order requiring Petitioner to show
`cause why, in light of such circumstance, the Petition should not be
`dismissed. Paper 8. Our Order provided Petitioner 30 days to respond. Id.
`at 4. This time period has expired and we have received no response to our
`Order. Petitioner’s ’973 application stands abandoned. Based on the facts
`of this proceeding, it is appropriate to dismiss the Petition.
`ORDER
`Accordingly, it is ORDERED that the Petition is dismissed, and the
`instant proceeding is terminated.
`
`
`2
`
`
`
`DER2016-00001
`Petitioner Application No. 14/882,973
`Respondent Patent No. 9,758,082 B2
`
`For PETITIONER:
`
`Jeffrey S. Whittle
`Jason D. Lohr
`
`HOGAN LOVELLS US LLP
`jeffrey.whittle@hoganloveUs.com
`jason.lohr@hoganloveHs.com
`
`
`For RESPONDENT:
`
`Christopher R. Liro
`Aaron T. Olejniczak
`
`ANDRUS INTELLECTUAL PROPERTY LAW, LLP
`chris.liro@andruslaw.com
`aarono@andruslaw.com
`
`
`3
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`
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