`Tel: 571-272-7822
`
`
`Paper 14
`Entered: August 23, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`T-MOBILE US, INC., T-MOBILE USA, INC.,
`TELECOMMUNICATION SYSTEMS, INC., ERICSSON INC., and
`TELEFONAKTIEBOLAGET LM ERICSSON,
`Petitioners,
`
`v.
`
`TRACBEAM, LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-01711
`Patent 7,525,484 B2
`_______________
`
`
`
`Before KEVIN F. TURNER, DAVID C. MCKONE, JAMES A. TARTAL,
`and BARBARA A. PARVIS, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`JUDGMENT
`Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`
`
`
`IPR2015-01711
`Patent 7,525,484 B2
`
`On February 8, 2016, we instituted an inter partes review of claim 27
`
`of U.S. Patent No. 7,525,484 B2 (“the ’484 patent”). Paper 9. On
`
`August 19, 2016, Patent Owner filed a Patent Owner Response representing
`
`that it had filed with the Patent Office a statutory disclaimer, under
`
`35 U.S.C. § 253(a) and 37 C.F.R. § 1.321(a), of claim 27. Paper 13, 1.
`
`A copy of the statutory disclaimer is included as Exhibit 2002. Patent
`
`Owner argues that this proceeding is now moot and states that it anticipates
`
`seeking permission to file a motion to terminate, to the extent that such a
`
`motion is necessary. Paper 13, 1–2.
`
`No separate motion to terminate is necessary. Under 37 C.F.R.
`
`§ 42.73(b), a party may request judgment against itself at any time during a
`
`proceeding. Furthermore, under § 42.73(b)(2), actions construed as a
`
`request for entry of adverse judgment include cancellation or disclaimer of
`
`claims such that the party has no remaining claim in the trial.
`
`Patent Owner has filed with the Patent Office a disclaimer of the sole
`
`claim involved in this inter partes review, such that after the disclaimer it
`
`will have no remaining claim in the trial. We construe this disclaimer as a
`
`request for entry of adverse judgment and grant such request.
`
`Accordingly, it is
`
`ORDERED that judgment is entered against Patent Owner under
`
`37 C.F.R. § 42.73(b); and
`
`FURTHER ORDERED that this constitutes a final written decision
`
`under 35 U.S.C. § 318(a).
`
` 2
`
`
`
`
`
`
`
`
`
`IPR2015-01711
`Patent 7,525,484 B2
`
`
`
`PETITIONER:
`
`Chad Walters
`Chad.walters@bakerbotts.com
`
`Douglas Kubehl
`Doug.kubehl@bakerbotts.com
`
`Brian Oaks
`Brian.oaks@bakerbotts.com
`
`Ross Culpepper
`Ross.culpepper@bakerbotts.com
`
`
`
`PATENT OWNER:
`
`Steven Sereboff
`ssereboff@socalip.com
`
`Sean Luner
`sean@dovellaw.com
`
`
` 3
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