throbber
Trials@uspto.gov
`571-272-7822
`
`
`Paper 22
`Entered: April 7, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTERNATIONAL BUSINESS MACHINES CORPORATION,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Cases IPR2015-01322
`Patent 6,314,409 B2
`
`
`
`Before KRISTEN L. DROESCH, BARBARA A. PARVIS, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`DROESCH, Administrative Patent Judge.
`
`
`ORDER
`Termination of Inter Partes Review
` 37 C.F.R. § 42.72
`
`

`
`IPR2015-01322
`Patent 6,314,409 B2
`
`BACKGROUND
`
`International Business Machines Corporation (“Petitioner”) filed a
`
`Petition (Paper 2) for inter partes review of claims 1–11 and 13–20 (“the
`
`challenged claims”) of U.S. Patent No. 6,314,409 B2 (Ex. 1005, “the ’409
`
`Patent”). On December 8, 2015, we instituted trial for all of the challenged
`
`claims of the ’409 Patent. Paper 12. Subsequently, in a separate proceeding
`
`involving the ’409 patent, we issued a Final Written Decision pursuant to 35
`
`U.S.C. § 328(a) determining claims 1–11, 13–21, 24–27, 29, 30, 32, 33, and
`
`36–39 to be unpatentable. J.P. Morgan Chase & Co v. Intellectual Ventures
`
`II, Case CBM2014-00157 (PTAB January 12, 2016), Paper 40. Patent
`
`Owner indicates that the time period has lapsed for appeal of the Final
`
`Written Decision in J.P Morgan Chase & Co v. Intellectual Ventures II,
`
`Case CBM2014-00157 to the Court of Appeals for the Federal Circuit. See
`
`Paper 20, 1; Ex. 3001, 7:18–8:5. Therefore, all of the challenged claims in
`
`this inter partes review are unpatentable.
`
`Patent Owner did not file a Patent Owner Response in this trial. We
`
`issued an Order to show cause why inter partes review should not be
`
`terminated as moot. Paper 19. Patent Owner and Petitioner both respond
`
`that inter partes review should be terminated. Papers 20, 21.
`
`The particular facts before us indicate that it is appropriate to
`
`terminate this inter partes review. See 37 C.F.R. § 42.72. Claims 1–11 and
`
`13–20 of the ’409 Patent have already been determined unpatentable, and
`
`any decision we might reach in this proceeding regarding the patentability of
`
`these claims would be moot and purely advisory. Furthermore, rendering a
`
`Final Written Decision would not promote securing the just, speedy, and
`
`inexpensive resolution of every proceeding. See 37 C.F.R. § 42.1(b).
`
`2
`
`
`
`

`
`IPR2015-01322
`Patent 6,314,409 B2
`
`ORDER
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that this inter partes review is terminated as moot.
`
`
`
`
`
`
`
`3
`
`
`
`

`
`IPR2015-01322
`Patent 6,314,409 B2
`
`PETITIONER:
`
`Kenneth R. Adamo
`Brent P. Ray
`Joel R. Merkin
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`kenneth.adamo@kirkland.com
`brent.ray@kirkland.com
`jmerkin@kirkland.com
`eugene.goryunov@kirkland.com
`
`PATENT OWNER:
`
`Lori A. Gordon
`Jonathan M. Strang
`Byron L. Pickard
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`lgordon-PTAB@skgf.com
`jstrang-PTAB@skgf.com
`bpickard-PTAB@skgf.com
`
`Donald J. Coulman
`Tim R. Seeley
`INTELLECTUAL VENTURES
`dcoulman@intven.com
`tim@intven.com
`
`4

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket