`571-272-7822
`
`
`
`Paper 20
`Date Entered: April 23, 2015
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`YAMAHA CORPORATION OF AMERICA,
`Petitioner,
`
`v.
`
`BLACK HILLS MEDIA, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00766
`Patent 8,214,873 B2
`____________
`
`Before BRIAN J. McNAMARA, DAVID C. McKONE, and
`PETER P. CHEN, Administrative Patent Judges.
`
`CHEN, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`
`
`
`
`
`
`IPR2014-00766
`Patent 8,214,873 B2
`
`
`
`BACKGROUND
`On May 16, 2014, Petitioner Yamaha Corporation of America filed a
`Petition seeking inter partes review of claims 4, 5, 33, and 34 of U.S. Patent
`No. 8,214,873 B2 (“the ’873 patent”). On November 24, 2014, we instituted
`inter partes review of claims 4, 5, 33, and 34. Paper 7.
`Pursuant to the Scheduling Order, on January 30, 2015, Patent Owner
`filed its Response. Paper 15. Patent Owner did not file a motion to amend.
`On April 3, 2015, Patent Owner filed a Request for Adverse Judgment,
`Paper 19, requesting adverse judgment pursuant to 37 C.F.R. § 42.73(b),
`with respect to claims 4, 5, 33, and 34:
`Patent Owner . . . hereby requests that the Board cancel claims 4, 5,
`33, and 34 of U.S. Patent No. 8,214,873 (“the ‘873 Patent”). These
`claims are all claims for which the present inter partes review has
`been instituted. See Decision – Institution of Inter Partes Review,
`Paper 7, pp. 23-24.
`
`In view of the cancellation of all claims remaining in the trial, Patent
`Owner requests that the Board enter adverse judgment against Patent
`Owner in this proceeding pursuant to 37 C.F.R. §42.73(b)(2).
`
`Paper 19, 1. Petitioner has not filed any reply to the Patent Owner’s
`Response.
`
`DISCUSSION
`A party may request entry of adverse judgment against itself at any
`time during a proceeding. See 37 C.F.R. § 42.73(b). Patent Owner has
`conceded that the requested judgment effectively will cancel the claims
`identified for trial and moot this proceeding. Paper 19, 1. There is no
`pending motion to amend claims. Patent Owner also has indicated by email
`to the Board that Petitioner has no objection to the Request for Adverse
`
`
`
`2
`
`
`
`IPR2014-00766
`Patent 8,214,873 B2
`
`
`Judgment. Under these circumstances, the request for entry of adverse
`judgment is appropriate.
`
`ORDER
`It is ORDERED that Patent Owner’s request for adverse judgment
`under 37 C.F.R. § 42.73(b) with respect to claims 4, 5, 33, and 34 of U.S.
`Patent No. 8,214,873 B2 is GRANTED; and,
`ORDERED that judgment is entered herein against Patent Owner with
`respect to claims 4, 5, 33, and 34 of U.S. Patent No. 8,214,873 B2. Claims
`4, 5, 33, and 34 are unpatentable, and shall be cancelled.
`
`PETITIONER:
`David Fehrman
`dfehrman@mofo.com
`
`Mehran Arjomand
`marjomand@mofo.com
`
`PATENT OWNER:
`
`Lana Gladstein
`gladsteinl@pepperlaw.com
`
`Reza Mollaaghababa
`mollaaghababar@pepperlaw.com
`
`Thomas Engellenner
`engellennert@pepperlaw.com
`
`Christopher Horgan
`chris.horgan@concerttechnology.com
`
`
`
`
`
`
`3
`
`
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