`Tel: 571-272-7822
`
`Paper 24
`Entered: January 5, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`MICRON TECHNOLOGY, INC. and
`MICRON MEMORY JAPAN, INC.,
`Petitioners,
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`____________
`
`IPR2015-01087
`Patent 6,057,221 C1
`_______________
`
`
`
`Before KALYAN K. DESHPANDE, BRIAN J. McNAMARA, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`JUDGMENT
`Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`
`Case IPR2015-01087
`Patent 6,057,221 C1
`
`On November 5, 2015, we instituted an inter partes review of claims
`
`3, 4, 6–8, 13–15, 17, 18, and 21–30 of U.S. Patent No. 6,057,221 C1 (“the
`
`’221 patent”), which are all of the claims that emerged from reexamination
`
`pursuant to Reexamination Request No. 90/011,607. Paper 12. On
`
`December 21, 2015, pursuant to our authorization (Paper 22), Patent Owner
`
`filed a request to cancel the challenged claims and have adverse judgment
`
`entered against it under 37 C.F.R. 42.73(b)(2). Paper 23.1
`
`Under 35 U.S.C. § 42.73(b), a party may request judgment against
`
`itself at any time during a proceeding. Also, under 37 C.F.R. § 42.73(b)(2),
`
`actions construed as a request for entry of adverse judgment include
`
`cancellation of a claim such that the party has no remaining claim in the
`
`trial.
`
`Patent Owner has requested adverse judgment and the cancellation of
`
`all claims involved in this inter partes review, such that after the
`
`cancellation it will have no remaining claim in the trial.
`
`We hereby grant Patent Owner’s request for adverse judgment.
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s request to cancel claims 3, 4, 6–8,
`
`13–15, 17, 18, and 21–30 and request for entry of adverse judgment are
`
`granted;
`
`
`1 Patent Owner makes its request to cancel the challenged claims “in light
`of” alleged “statistics weighing against it once a decision instituting
`proceedings has been issued.” Paper 23. Each case presents its own unique
`facts and our decision to grant Patent Owner’s Request for Adverse
`Judgment is in no way influenced by Patent Owner’s unsupported assertion.
`This judgment is entered solely on the basis of Patent Owner’s request,
`without regard to any factor Patent Owner alleges as its motivation.
`
`2
`
`
`
`Case IPR2015-01087
`Patent 6,057,221 C1
`
`FURTHER ORDERED that judgment is herein entered against Patent
`
`Owner with respect to claims 3, 4, 6–8, 13–15, 17, 18, and 21–30 of U.S.
`
`Patent No. 6,057,221 C1; and
`
`FURTHER ORDERED that claims 3, 4, 6–8, 13–15, 17, 18, and 21–
`
`30 of U.S. Patent No. 6,057,221 C1 shall be canceled.
`
`
`
`
`
`3
`
`
`
`4
`
`Case IPR2015-01087
`Patent 6,057,221 C1
`
`
`
`For PETITIONERS:
`
`Michael Turner
`mturner@kenyon.com
`
`Rose Cordero Prey
`rcordero@kenyon.com
`
`
`
`For PATENT OWNER:
`
`Steven Pollinger
`spollinger@mckoolsmith.com
`
`Ramzi Khazen
`rkhazen@mckoolsmith.com
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