throbber
Trials@uspto.gov
`571-272-7822
`
`Paper 19
`Date: November 4, 2014
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING
`COMPANY, LIMITED and
`TSMC NORTH AMERICA CORPORATION,
`Petitioner,
`
`v.
`
`ZIPTRONIX, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00114
`Patent 6,563,133 B1
`____________
`
`
`Before KEVIN F. TURNER, JAMES B. ARPIN, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge
`
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`
`
`

`

`Cased IPR2014-00114
`Patent 6,563,133 B1
`
`
`
`BACKGROUND
`
`
`
`On May 1, 2014, we instituted this inter parte review of claims 1-14 and
`
`53-60 of U.S. Patent No. 6,563,133 B1. Paper 14. On July 1, 2014, Patent Owner
`
`filed its Patent Owner’s Response to the Petition, Paper 18, 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. Petitioner has not filed any reply to the Patent
`
`Owner’s Response, or any request for rehearing of the Decision on Institution.
`
`
`
`DISCUSSION
`
`A party may request entry of adverse judgment against itself at any time
`
`during a proceeding. 37 C.F.R. § 42.73(b). Patent Owner already has conceded
`
`that the requested judgment will effectively cancel the claims identified for trial
`
`and moot this proceeding, and has no pending motion to amend claims. The
`
`deadline for filing such a motion has passed. See Paper 15. Under these
`
`circumstances, the request for entry of adverse judgment is appropriate.
`
`
`
`It is
`
`ORDER
`
`ORDERED that Patent Owner’s request for adverse judgment for under 37
`
`C.F.R. § 42.73(b) with respect to claims 1-14 and 53-60 of U.S. Patent No.
`
`6,563,133 B1 is GRANTED; and,
`
`ORDERED that judgment is entered herein against Patent Owner with
`
`respect 1-14 and 53-60 of U.S. Patent No. 6,563,133 B1.
`
`
`
`
`
`
`
`2
`
`
`

`

`
`
`
`
`Cased IPR2014-00114
`Patent 6,563,133 B1
`
`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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