`
`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 IPR2016-00123
`Patent 8,719,037
`___________________
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT PURSUANT
`TO 37 C.F.R. § 42.73(b)
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`
`IPR2016-00123
`Patent 8,719,037
`
`ARGUMENT
`
`“A party may request judgment against itself at any time during a
`
`proceeding.” 37 C.F.R. §42.73(b)(2). Although West View Research, LLC
`
`respectfully disagrees with the assertions made and invalidity positions taken by
`
`Petitioner during this IPR proceeding, West View Research, LLC respectfully
`
`requests judgment against itself, and asks that the Board cancel the claims
`
`remaining in this proceeding (i.e., Claims 22, 42, 75, and 77) and enter adverse
`
`judgment against it. Patent Owner respectfully notes that Claims 2 – 21, 23 – 36,
`
`38 – 41, 43 – 47, 49 – 70, 74, and 76 are not subject to the present proceeding and
`
`hence, remain valid and enforceable.
`
`
`
`
`
`
`
`
`
`RELIEF REQUESTED
`
`IPR2016-00123
`Patent 8,719,037
`
`In view of the cancellation of all claims remaining in this proceeding, West
`
`View Research, LLC respectfully requests the Board enter a final adverse
`
`judgment against West View Research, LLC on the claims remaining in this case
`
`(Claims 22, 42, 75, and 77) pursuant to 37 C.F.R. §42.73(b)(2).
`
`
`
`Respectfully submitted,
`
`GAZDZINSKI & ASSOCIATES, PC
`
`By: /Peter J. Gutierrez, III/
`
`Peter J. Gutierrez, III
`
`Registration No. 56,732
`
`Back-Up Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: February 9, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-00123
`Patent 8,719,037
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`REQUEST FOR ADVERSE JUDGMENT PURSUANT TO 37 C.F.R. §
`
`42.73(b) was served electronically via e-mail on February 9, 2017, in their entireties
`
`on the following counsel of record for Petitioners:
`
`Michael J. Lennon (Reg. No. 26,562) Lead Counsel
`Clifford A. Ulrich (Reg. No. 42,194) Backup Counsel
`
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212.425.7200
`Fax: 212.425.5288
`
`Email: mlennon@kenyon.com
` culrich@kenyon.com
` ptab@kenyon.com
`
`
`
`
`Date: February 9, 2017
`
`GAZDZINSKI & ASSOCIATES, PC
`/Peter J. Gutierrez, III/
`Peter J. Gutierrez, III
`Registration No. 56,732
`Back-Up Counsel for Patent Owner
`
`