`
`(Joined with IPR2014-00557)
`
`Docket Nos.: 6521-0104L
`
`6521-O107L
`U.S. Pat. No. 8,135,398
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`V.
`
`VIRGINIA INNOVATION SCIENCES, INC.
`Patent Owner
`
`Case IPRZOI3-005711
`
`Patent 8,135,398
`
`PATENT OWNER REQUEST FOR ADVERSE JUDGMENT
`
`UNDER 37 C.F.R. 42.73(b)(2)
`
`1 Case IPR2014-00557 has been joined With this proceeding.
`
`1
`
`DRA/GSD/vd
`
`
`
`Case IPR2013-00571
`
`(Joined with IPR20l4—O0557)
`
`Docket Nos.: 652l—0104L
`
`6521—0107L
`A
`U.S. Pat. No. 8,135,398
`
`ARGUMENT
`
`IPR20l3-00571 and IPR2014—0O557 (which is joined with this proceeding)
`
`are two of six proceedings (IPR2013—00569, —OO570, —OO57l, —O0572, -00573, and
`
`IPR2014—00557) requested by Petitioner against Patent Owner’s patents.
`
`In the
`
`interest of streamlining the proceedings and focusing its resources, Patent Owner has
`
`decided to cancel claims 15, 55, 57, 58 and 60-63 of U.S. Patent No. 8,135,398 (“the
`
`‘398 patent”), on which 1PR20l3-00571 and IPR20l4—O0557 were instituted.
`
`Patent Owner’s decision to cancel the claims is no_t an admission regarding
`
`the merits of Petitioner’s position that the claims are invalid and/or that the asserted
`
`references taken alone or in combination, teach or suggest all of the limitations of
`
`these claims.
`
`Pursuant to the PTAB’s Joinder Decision and Order (IPR2014—005 57, Paper
`
`10) at 19, this request is being filed only in IPR2013-00571 with the case caption
`
`modified as ordered by the PTAB.
`
`RELIEF REQUESTED
`
`In View of the requested cancellation of all claims of the ‘398 patent upon
`
`which trial was instituted, Patent Owner respectfully requests that the PTAB enter an
`
`adverse judgment against Patent Owner in these two proceedings pursuant to 37
`
`C.F.R. 42.73(b)(2).
`
`DRA/GSD/vd
`
`
`
`Docket Nos.: 6521-O104L
`
`6521-0107L
`
`U.S. Pat. No. 8,135,398
`
`Respectfully submitted,
`-1
`
`
`
`/
`
`
`D Rich rd ,4 derson (Lead Counsel)
`Registrtio No.: 40,439
`
`‘
`
`
`
`George Dolina (Backup Counsel)
`Registration No.: 63,654
`
`BIRCH, STEWART, KOLASCH &
`
`BIRCH, LLP
`8110 Gatehouse Road, Suite 100 East
`Falls Church, VA 22042
`703-205-8000
`
`DRA/GSD/vd
`
`Case IPR2013-005 71
`
`(Joined with IPR2014—O0557)
`
`Dated:
`
`September 11, 2014
`
`
`
`Case IPR2013-005 71
`
`'
`
`Docket No. 6521-0104L
`
`(Joined with IPR2014-00557)
`
`U.S. Pat. No. 8,135,398
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on September 11, 2014, a copy of the Request for
`
`Adverse Judgment was served upon the below-listed parties/counsel as follows:
`
`VIA E-MAIL TRANSMISSION
`
`Joseph S. Presta, Reg. No. 35,329
`j sp@niXonVan. com
`Nixon & Vanderhye, P.C.
`901 North Glebe Road,
`11”‘ Floor,
`Arlington, VA 22203
`Telephone: 703-816-4000
`Fax: 703-816-4100
`
`Updeep S. Gill, Reg. No. 37,334
`usg@nixonvan.com
`Nixon & Vanderhye, P.C.
`901 North Glebe Road,
`1 1th Floor,
`Arlington, VA 22203
`Telephone: 703-816-4000
`Fax: 703-816-4100
`
`Date: September11,2014
`
`j mi
`
`Vincent Duran
`
`"
`
`DRA/GSD/Vd
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