`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
` Paper 13
`
`
` Entered: June 20, 2014
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`RPX CORPORATION
`Petitioner
`
`v.
`
`MACROSOLVE, INC.
`Patent Owner
`
`
`Case IPR2014-00140
`Patent 7,822,816
`
`
`
`Before SALLY C. MEDLEY, TREVOR M. JEFFERSON, and
`PETER P. CHEN, Administrative Patent Judges.
`
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`On May 16, 2014, a trial was instituted involving claims 1-14 of the
`
`’816 patent. Paper 9. An ex parte reexamination certificate issued on June
`
`10, 2014, in Ex Parte Reexamination No. 90/012,829, cancelling claims 1-
`
`
`
`Case IPR2014-00140
`Patent 7,822,816
`
`14 of the ’816 patent. Ex. 3001.1 A conference call was held on June 19,
`
`2014, involving counsel for the respective parties and Judges Medley,
`
`Jefferson, and Chen.
`
`During the conference call, counsel for both parties represented that,
`
`based on the cancellation of all of the involved claims of the ’816 patent, the
`
`inter partes review should be terminated.
`
`The ultimate purpose of a trial is to determine if the challenged claims
`
`are unpatentable, and if the claims are determined to be unpatentable, to
`
`cancel the unpatentable claims. 35 U.S.C. § 318. The involved claims in
`
`this proceeding, however, have been cancelled through another proceeding.
`
`There is, therefore, no occasion to continue the trial. Based on the facts of
`
`this case, termination is appropriate.
`
`Accordingly, it is
`
`ORDERED that the proceeding is terminated.
`
`
`
`
`
`
`1 Exhibit 3001 is a copy of the reexamination certificate.
`
`2
`
`
`
`Case IPR2014-00140
`Patent 7,822,816
`
`PETITIONER:
`
`David McCombs
`Thomas B. King
`Theodore M. Foster
`Haynes and Boone, LLP
`david.mccombs.ipr@haynesboone.com
`ipr.thomas.king@haynesboone.com
`ipr.theo.foster@haynesboone.com
`
`PATENT OWNER:
`
`Terry Watt
`Scott Zingerman
`Fred Holmes
`FELLERS, SNIDER, BLANKENSHIP,
`BAILEY & TIPPENS, PC.
`tlwatt@fellerssnider.com
`szingerman@fellerssnider.com
`patents@fellerssnider.com
`
`3
`
`
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