`Filed: October 16, 2015
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`Trials@uspto.gov
`571.272.7822
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`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`NORMAN INTERNATIONAL, INC.,
`Petitioner,
`
`v.
`
`HUNTER DOUGLAS INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-01175
`Patent 6,968,884 B2
`_______________
`
`
`
`Before LINDA M. GAUDETTE, JAMES P. CALVE and
`HYUN J. JUNG, Administrative Patent Judges.
`
`GAUDETTE, Administrative Patent Judge.
`
`
`
`JUDGMENT AND FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73
`
`
`
`
`
`IPR2014-01175
`Patent 6,968,884 B2
`
`On October 15, 2015, Hunter Douglas, Inc. (“Patent Owner”) filed a
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`Request for Adverse Judgment Pursuant to 37 C.F.R. § 42.73(b)(2). Paper
`
`29 (“Request”).
`
`BACKGROUND
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`On February 10, 2015, the Board instituted an inter partes review of
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`the patentability of claim 7 of U.S. Patent No. 6,968,884 B2 (“the ’884
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`patent”). Paper 7. Oral argument was requested by both parties (Papers 15,
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`17), and was scheduled for October 20, 2015. Paper 20. On October 13,
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`2015, Patent Owner filed a statutory disclaimer (Ex. 2005, “Disclaimer”)
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`with the United States Patent and Trademark Office pursuant to 37 C.F.R.
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`§ 1.321(a), disclaiming claim 7 of the ’884 patent. Request 1.
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`DISCUSSION
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`A party may request judgment against itself at any time during a
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`proceeding. 37 C.F.R. § 42.73(b). Actions construed as a request for entry of
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`adverse judgment include “[c]ancellation or disclaimer of a claim such that
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`the party has no remaining claim in the trial.” Id. Patent Owner has
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`disclaimed, under 37 C.F.R. § 1.321, claim 7 of the ’884 patent, and
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`explicitly requests that the Board enter adverse judgment against it with
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`respect to claim 7, the sole claim at issue in this trial. Paper 29, 1.
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`Having reviewed the Disclaimer and Request, we determine that entry
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`of judgment against Patent Owner with respect to claim 7 of the ’884 patent
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`is appropriate.
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`Accordingly, it is
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`ORDER
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`ORDERED that adverse judgment is entered under 37 C.F.R.
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`§ 42.73(b) against Patent Owner with respect to claim 7 of the ’884 patent;
`
`2
`
`
`
`IPR2014-01175
`Patent 6,968,884 B2
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`FURTHER ORDERED that the oral hearing scheduled for October
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`20, 2015, is cancelled; and
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`FURTHER ORDERED that this Order constitutes a final written
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`decision under 35 U.S.C. § 318(a).
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`
`
`PETITIONER:
`
`Bing Ai
`Ai-ptab@perkinscoie.com
`
`Kourtney Mueller Merrill
`KMerrill@perkinscoie.com
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`
`
`
`PATENT OWNER:
`
`Kristopher Reed
`HD-Norman-IPR@kilpatricktownsend.com
`
`Darin Gibby
`dgibby@kilpatricktownsend.com
`
`
`
`3