`Date: February 4, 2015
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MERCEDES-BENZ USA, LLC, and
`MERCEDES-BENZ U.S. INTERNATIONAL, INC.
`Petitioner,
`
`v.
`
`VELOCITY PATENT, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00290
`Patent 5,954,781
`____________
`
`Before JAMESON LEE, GLENN J. PERRY, and PETER P. CHEN,
`Administrative Patent Judges.
`
`CHEN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Dismissing Petition
`37 C.F.R. § 42.104
`
`
`
`
`
`IPR2015-00290
`Patent 5,954,781
`
`
`
`The Petition is directed to U.S. Patent No. 5,954,781 (“the ’781 patent”), and
`
`states: “Petitioner files the present Petition challenging claims 31–32, 61–80, and
`82–84 of the ’781 Patent, as currently amended or added in the [pending]
`reexamination [Control No. 90/013,252] (Ex. 1013).” Pet. 1. Thus, none of the
`claims challenged by Petitioner is a claim for which an inter partes review is
`provided for by 35 U.S.C. § 311(b) (“[a] petitioner in an inter partes review may
`request to cancel as unpatentable 1 or more claims of a patent”). The Petition does
`not identify a cognizable claim under 35 U.S.C. § 312(a)(3) and 37 C.F.R.
`§§ 42.104(b).
`
`Accordingly, it is
`
`ORDERED that the Petition is dismissed.
`
`
`
`2
`
`
`PETITIONER:
`Celine Crowson
`Ray Kurz
`Joe Raffeto
`celine.crowson@hoganlovells.com
`raymond.kurz@hoganlovells.com
`joseph.raffetto@hoganlovells.com
`
`PATENT OWNER:
`Patrick Richards
`Brian Kwok
`patrick@richardspatentlaw.com
`bkwok@mavllp.com
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