`571-272-7822
`
`Paper 20
`
` Entered: November 29, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`WEST VIEW RESEARCH, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01941
`Patent 8,065,156 B2
`____________
`
`
`
`
`
`Before MICHAEL R. ZECHER, JENNIFER S. BISK, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`
`McSHANE, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Granting Patent Owner’s Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`IPR2015-01941
`Patent 8,065,156 B2
`
`
`I.
`
`BACKGROUND
`
`
`
`Volkswagen Group of America, Inc. (hereafter “Volkswagen” or
`
`“Petitioner”) filed a Petition requesting an inter partes review of claims 10,
`
`11, 15, 18, and 20–24 of U.S. Patent No. 8,065,156 B2 (“the ’156 patent”).
`
`Paper 2. West View Research, LLC (hereafter “West View” or “Patent
`
`Owner”) filed a Preliminary Response (“Prelim. Resp.”), and provided
`
`notice of its statutory disclaimer of claims 10, 18, 20, 21, 23, and 24. Paper
`
`5, 21; Ex. 2009. On March 23, 2016, we instituted an inter partes review as
`
`to claims 11, 15, and 22 of the ’156 patent. Paper 7. A hearing was set for
`
`December 1, 2016. Papers 8, 17. On November 28, 2016, West View filed
`
`a Request for Adverse Judgment, requesting that we cancel claims 11, 15,
`
`and 22 of the ’156 patent, which constitute all of the claims at issue in this
`
`inter partes review. Paper 19.
`
`II. DISCUSSION
`
`
`
`A party may request adverse judgment against itself at any time
`
`during a proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a
`
`request for adverse judgment include, among other things, cancellation of a
`
`claim such that the party has no remaining claim in the trial. 37 C.F.R.
`
`§ 42.73(b)(2). In this trial, West View requests adverse judgment and the
`
`cancellation of all of the claims on which inter partes review was instituted.
`
`Thus, after the cancellation of claims 11, 15, and 22 of the ’156 patent, no
`
`claims would remain in this inter partes review. Under these circumstances,
`
`we determine that it is appropriate to grant West View’s request and enter
`
`judgment in this case against West View.
`
`
`
`
`
`2
`
`
`
`IPR2015-01941
`Patent 8,065,156 B2
`
`
`Accordingly, it is:
`
`III. ORDER
`
`ORDERED that West View’s Request for Adverse Judgment in this
`
`
`
`
`
`inter partes review is GRANTED, and judgment is entered against West
`
`View in this case with respect to claims 11, 15, and 22 of the ’156 patent;
`
`
`
`FURTHER ORDERED that claims 11, 15, and 22 of the ’156 patent
`
`are CANCELLED; and
`
`
`
`FURTHER ORDERED that the December 1, 2016, hearing is
`
`CANCELLED.
`
`
`
`For PETITIONER:
`
`Michael J. Lennon
`Clifford A. Ulrich
`KENYON & KENYON LLP
`mlennon@kenyon.com
`culrich@kenyon.com
`
`For PATENT OWNER:
`
`Peter J. Gutierrez, III
`Mark Wang
`GAZDZINSKI & ASSOCIATES, PC
`docket@gazpat.com
`
`
`
`
`
`3
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