`Date: November 21, 2013
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`TAIWAN SEMICONDUCTOR MANUFACTURING
`COMPANY, LIMITED
`Petitioner
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`v.
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`ZIPTRONIX, INC.
`Patent Owner
`____________
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`Case IPR2013-00154
`Patent 7,335,996
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`Before KEVIN F. TURNER, JONI Y. CHANG, and
`RAMA G. ELLURU, Administrative Patent Judges.
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`TURNER, Administrative Patent Judge
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`FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.5
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`Cased IPR2013-00154
`Patent 7,335,996 B2
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`BACKGROUND
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`On August 9, 2013, the Board instituted this inter parte review of claims 1-5
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`and 10 of patent 7,335,996. Paper 12. On October 22, 2013, Patent Owner filed
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`its Patent Owner’s Response to the Petition, Paper 17, requesting adverse judgment
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`pursuant to 37 C.F.R. § 42.73(b), with respect to the claims that are the subject of
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`this instant proceedings. On October 28, 2013, the Board initiated a conference
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`call, Paper 18, inquiring whether Petitioner would file a reply to the Patent
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`Owner’s Response, where Petitioner indicated that it would not, but indicated that
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`its Request for Rehearing, Paper 14, if granted, would result in more claims being
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`subject to the inter parte review. Subsequently, Petitioner’s Request for Rehearing
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`was denied. Paper 19.
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`DISCUSSION
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`A party may request entry of adverse judgment against itself at any time
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`during a proceeding. 37 C.F.R. § 42.73(b). Even without a request for entry of
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`adverse judgment, the posture of this proceeding is that Patent Owner already has
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`conceded the unpatentability of each claim for which this inter partes review was
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`instituted, and has no pending motion to amend claims. The deadline for filing
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`such a motion has passed. See Paper 13. Under these circumstances, the Request
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`for Entry of Adverse Judgment is appropriate.
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`CONCLUSION
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`The Patent Owner’s Request for Entry of Adverse Judgment is herein
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`granted.
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`It is
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`ORDERED that claims 1-5 and 10 are CANCELLED.
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`2
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`Cased IPR2013-00154
`Patent 7,335,996 B2
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`For PETITIONER:
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`Steven H. Slater
`Roger C. Knapp
`SLATER & MATSIL, L.L.P.
`slater@slater-matsil.com
`knapp@slater-matsil.com
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`For PATENT OWNER:
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`Carl E. Schlier
`Scott A. McKeown
`OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P.
`CPdocketSchlier@oblon.com
`CPdocketMcKeown@oblon.com
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