`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MICRON TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`LIMESTONE MEMORY SYSTEMS LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-00096
`Patent 6,233,181 B1
`_______________
`
`
`
`Before BART A. GERSTENBLITH, BARBARA A. PARVIS, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`JUDGMENT
`Granting Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`Apple – Ex. 1016
`Apple Inc., Petitioner
`1
`
`
`
`I.
`
`INTRODUCTION
`
`Micron Technology, Inc. (“Petitioner”) filed a Petition (Paper 1,
`
`“Pet.”) requesting an inter partes review of claims 1–7 of U.S. Patent
`
`No. 6,233,181 B1 (Ex. 1001, “the ’181 patent”). On April 21, 2016, we
`
`instituted an inter partes review of claims 1, 2, 4, 6, and 7 of the ’181 patent.
`
`Paper 8, 10. On July 22, 2016, Limestone Memory Systems LLC (“Patent
`
`Owner”) filed a notice indicating that claims 1, 2, 4, 6, and 7 of the
`
`’181 patent were disclaimed under 37 C.F.R. § 1.321(a), and requesting
`
`adverse judgment. Paper 10, 1.
`
`II. ANALYSIS
`
`A party may request 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 disclaimer of a claim such that the party has no
`
`remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Here, Patent Owner
`
`indicates that all the claims involved in this inter partes review were
`
`disclaimed, and Patent Owner expressly requests adverse judgment.
`
`Paper 10, 1; Ex. 2002, 3. Therefore, we determine that it is appropriate to
`
`grant Patent Owner’s request for adverse judgment.
`
`III. ORDER
`
`In consideration of the foregoing, it is hereby:
`
`ORDERED that Patent Owner’s request for adverse judgment under
`
`37 C.F.R. § 42.73(b) is granted; and
`
`FURTHER ORDERED that adverse judgment is entered against
`
`Patent Owner with respect to claims 1, 2, 4, 6, and 7 of the ’181 patent.
`
`2
`
`
`
`PETITIONER:
`
`Jeremy Jason Lang
`Justin L. Constant
`WEIL, GOTSHAL & MANGES LLP
`jason.lang@weil.com
`justin.constant@weil.com
`
`
`
`PATENT OWNER:
`
`Nicholas T. Peters
`Paul B. Henkelmann
`FITCH EVEN TABIN & FLANNERY LLP
`limestoneipr@fitcheven.com
`
`
`
`3
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