`
`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
`________________________
`
`Case IPR2015-01087
`U.S. Patent No. 6,057,221
`________________________
`
`
`
`PATENT OWNER’S REQUEST UNDER 37 C.F.R. § 42.73(b)(2) FOR
`CANCELLATION OF THE CHALLENGED CLAIMS AND HENCE
`ADVERSE JUDGMENT
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313
`
`
`
`
`
`
`
`
`
`
`
`
`
`ARGUMENT
`
`Under 37 C.F.R. § 42.73(b)(2), Patent Owner elects to cancel the challenged
`
`claims on which trial was instituted, i.e., claims 3, 4, 6–8, 13–15, 17, 18, and 21–
`
`30 of U.S. Patent No. 6,057,221 (“the ’221 patent”), which are all of the claims
`
`that emerged from reexamination pursuant to Reexamination Request No.
`
`90/011,607, and hence, all of the claims involved in this Review. Petitioners do
`
`not oppose this request.
`
`Patent Owner’s decision to cancel the challenged claims is not an admission
`
`regarding the merits of the Petition or Petitioner’s arguments that the claims are
`
`invalid. Patent Owner respectfully stands by the arguments made to the contrary in
`
`its Preliminary Response. However, Patent Owner is cognizant of the statistics
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`weighing against it once a decision instituting proceedings has been issued. In
`
`light of this, Patent Owner requests cancellation of the challenged claims.
`
`Patent Owner reserves the right to file a Response, pursuant to 37 C.F.R. §
`
`42.120, in the event cancellation is denied.
`
`RELIEF REQUESTED
`
`In view of the requested cancellation of claims, Patent Owner procedurally
`
`requests under 37 C.F.R. 42.73(b)(2) that the PTAB accordingly enter an adverse
`
`
`
`judgment against it in this proceeding.
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`by: /Steven J. Pollinger/
`Steven J. Pollinger
`Registration No. 35,326
`Ramzi R. Khazen
`Registration No. 55,810
`
`Counsel for Massachusetts Institute of
`Technology
`
`
`Date: December 21, 2015
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of PATENT OWNER’S REQUEST
`
`UNDER 37 C.F.R. § 42.73(b)(2) FOR CANCELLATION OF THE CHALLENGED
`
`CLAIMS AND HENCE ADVERSE JUDGMENT as been served on Petitioner via
`
`electronic mail at the following correspondence address:
`
`Respectfully submitted,
`
`by: /Steven J. Pollinger/
`Steven J. Pollinger
`Registration No. 35,326
`Ramzi R. Khazen
`Registration No. 55,810
`
`Counsel for Massachusetts Institute of
`Technology
`
`
`
`
`Michael S. Turner
`mturner@kenyon.com
`Rose Cordero Prey
`rcordero@kenyon.com
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel.: (212) 908-6210
`Fax.: (212) 425-5288
`
`
`Date: December 21, 2015
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