`Tel: 571-272-7822
`
`Paper 22
`Entered: December 17, 2015
`
`
`
`
`
`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.
`
`ORDER AUTHORIZING REQUEST FOR ADVERSE JUDGMENT
`Conduct of Proceeding
`37 C.F.R. §§ 42.5, 42.73
`
`
`
`
`Case IPR2015-01087
`Patent 6,057,221 C1
`
`On December 14, 2015, counsel for Patent Owner contacted the Board
`to request authorization to file a request for adverse judgment on the
`challenged claims of U.S. Patent 6,057,221 C1 (’221 Patent), which are all
`of the claims that emerged from reexamination pursuant to Reexamination
`Request No. 90/011,607. On December 16, 2015, a conference call was held
`to discuss Patent Owner’s request. Rose Prey and Michael Turner appeared
`on behalf of Petitioners. Steven Pollinger and Ramzi Khazen appeared on
`behalf of Patent Owner.
`Mr. Pollinger represented that Patent Owner understands that, as a
`consequence of adverse judgment being entered, all of the claims of the ’221
`Patent will be cancelled. In order to end this proceeding, Patent Owner’s
`Request for Adverse Judgment should request cancellation of all the
`involved claims. 37 C.F.R. § 42.73(b)(2). Mr. Pollinger stated that Patent
`Owner also plans to move for dismissal of the underlying district court
`litigation. Counsel for Petitioners stated that Petitioners do not oppose the
`request.
`Accordingly, it is:
`ORDERED that Patent Owner is authorized to file a Request for
`Adverse Judgment, requesting cancellation of all the involved claims of the
`’221 Patent pursuant to 37 C.F.R. 42.73 within five calendar days from the
`entry of this Order.
`
`
`
`
`
`2
`
`
`
`Case IPR2015-01087
`Patent 6,057,221 C1
`
`
`PETITIONERS (via electronic transmission):
`
`
`Michael S. Turner
`Rose Cordero Prey
`KENYON & KENYON LLP
`mturner@kenyon.com
`rcordero@kenyon.com
`
`
`PATENT OWNER (via electronic transmission):
`
`Steven J. Pollinger
`Ramzi R. Khazen
`MCKOOL SMITH, P.C.
`spollinger@mckoolsmith.com
`rkhazen@mckoolsmith.com
`01311-00004_IPR221@mckoolsmith.com
`
`
`3
`
`
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