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Paper 20
`Date: November 21, 2013
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING
`COMPANY, LIMITED
`Petitioner
`
`v.
`
`ZIPTRONIX, INC.
`Patent Owner
`____________
`
`Case IPR2013-00154
`Patent 7,335,996
`____________
`
`
`Before KEVIN F. TURNER, JONI Y. CHANG, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`
`TURNER, Administrative Patent Judge
`
`
`
`
`
`FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.5
`
`
`
`
`
`

`
`Cased IPR2013-00154
`Patent 7,335,996 B2
`
`
`
`BACKGROUND
`
`
`
`On August 9, 2013, the Board instituted this inter parte review of claims 1-5
`
`and 10 of patent 7,335,996. Paper 12. On October 22, 2013, Patent Owner filed
`
`its Patent Owner’s Response to the Petition, Paper 17, requesting adverse judgment
`
`pursuant to 37 C.F.R. § 42.73(b), with respect to the claims that are the subject of
`
`this instant proceedings. On October 28, 2013, the Board initiated a conference
`
`call, Paper 18, inquiring whether Petitioner would file a reply to the Patent
`
`Owner’s Response, where Petitioner indicated that it would not, but indicated that
`
`its Request for Rehearing, Paper 14, if granted, would result in more claims being
`
`subject to the inter parte review. Subsequently, Petitioner’s Request for Rehearing
`
`was denied. Paper 19.
`
`
`
`DISCUSSION
`
`A party may request entry of adverse judgment against itself at any time
`
`during a proceeding. 37 C.F.R. § 42.73(b). Even without a request for entry of
`
`adverse judgment, the posture of this proceeding is that Patent Owner already has
`
`conceded the unpatentability of each claim for which this inter partes review was
`
`instituted, and has no pending motion to amend claims. The deadline for filing
`
`such a motion has passed. See Paper 13. Under these circumstances, the Request
`
`for Entry of Adverse Judgment is appropriate.
`
`
`
`CONCLUSION
`
`The Patent Owner’s Request for Entry of Adverse Judgment is herein
`
`granted.
`
`It is
`
`ORDERED that claims 1-5 and 10 are CANCELLED.
`
`2
`
`
`

`
`
`
`
`
`Cased IPR2013-00154
`Patent 7,335,996 B2
`
`
`
`
`For PETITIONER:
`
`Steven H. Slater
`Roger C. Knapp
`SLATER & MATSIL, L.L.P.
`slater@slater-matsil.com
`knapp@slater-matsil.com
`
`
`
`For PATENT OWNER:
`
`Carl E. Schlier
`Scott A. McKeown
`OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P.
`CPdocketSchlier@oblon.com
`CPdocketMcKeown@oblon.com
`
`
`
`
`
`3

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