`U.S. Patent 7,490,037
`Filed on behalf of Digital Audio Encoding Technologies, LLC
`By:
`Timothy Devlin
`tdevlin@thedevlinlawfirm.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`
`
`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`DIGITAL AUDIO ENCODING TECHNOLOGIES, LLC
`Patent Owner
`
`
`
`
`
`IPR2016-01710
`U.S. Patent 7,490,037
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`IPR2016-01710
`U.S. Patent 7,490,037
`to 37 C.F.R. § 42.73(b), Digital Audio Encoding
`
`
`
`Pursuant
`
`Technologies, LLC (“DAE”) requests entry of adverse judgment in the Inter
`
`Partes Review of U.S. Patent in IPR2016-01710. Petitioner Unified Patents
`
`Inc. (“Unified”) does not oppose.
`
`A party may request entry of 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 cancelation of patent claims such that a
`
`party has no remaining claim in the trial. Id. Patent Owner requests to cancel
`
`all claims of the ’037 patent due to a break in continuity caused by the
`
`failure to pay an extension fee. This request to cancel all claims of the ’037
`
`patent leaves no claim remaining for trial. Accordingly, entry of judgment
`
`against Patent Owner pursuant to 37 C.F.R. § 42.73(b) is appropriate.
`
`On December 13, 2016, the Parties informed the Board that the claims
`
`are invalid and requested authorization to file a joint motion for adverse
`
`judgment in the proceeding with respect to both the Patent Owner and the
`
`Petitioner.
`
`As set forth in an e-mail dated December 14, 2016, the Board
`
`authorized the filing of a motion to expunge, recognizing that the Patent
`
`Owner does not need permission to file a request for adverse judgment.
`
`Accordingly, Patent Owner requests adverse judgment of the present
`
`
`
`IPR2016-01710
`U.S. Patent 7,490,037
`
`proceeding.
`
`Public policy favors terminating the present inter partes review
`
`proceeding. Ending this IPR early promotes the Congressional goal of
`
`establishing a more efficient patent system by limiting unnecessary and
`
`counterproductive costs. See Changes to Implement Inter Partes Review
`
`Proceedings, Post-Grant Review Proceedings, and Transitional Program for
`
`Covered Business Method Patents, 77 Fed. Reg. 48,680 (Aug. 14, 2012).
`
`Permitting termination as to all parties provides certainty and fosters an
`
`environment that promotes a timely, cost-effective alternative to litigation.
`
`
`
`Date: December 21, 2016
`
`
` Respectfully submitted,
`
`____________________________
`Timothy Devlin, Reg. No. 41,706
`DEVLIN LAW FIRM LLC
`1306 N. Broom Street, 1st Floor
`Wilmington, DE 19806
`tdevlin@devlinlawfirm.com
`Phone: (302) 449-9010
`Facsimile: (302) 353-4251
`
`Attorney for Patent Owner
` Digital Audio Encoding
` Technologies, LLC
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-01710
`U.S. Patent 7,490,037
`CERTIFICATE OF SERVICE
`
` The undersigned hereby certifies that a copy of the Patent Owner’s
`
`Request for Adverse Judgment was served on December 21, 2016, via
`
`electronic mail directed to the attorney of record for the patent at the
`
`following address: jonathan@unifiedpatents.com. Petitioner has consented
`
`to electronic service.
`
`
`Date: December 21, 2016 Respectfully submitted,
`
`By: /s/ Timothy Devlin
`Timothy Devlin, Reg. No. 41,706
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