`U.S. Patent 7,490,037
`Filed on behalf of Digital Audio Encoding Technologies, LLC
`By:
`Timothy Devlin
`tdevlin@thedevlinlawfirm.com
`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________________________________
`
`
`
`RPX Corporation,
`Petitioner.
`
`v.
`Digital Audio Encoding Systems, LLC,
`Patent Owner.
`
`
`
`
`
`IPR2017-00208
`U.S. Patent 7,490,037
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`IPR2017-00208
`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 IPR2017-00208.
`
` Petitioner RPX
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`Corporation (“RPX”) does not oppose.
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`A party may request entry of adverse judgment against itself at any
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`time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a
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`request for adverse judgment include cancelation of patent claims such that a
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`party has no remaining claim in the trial. Id.
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`Patent Owner requests to cancel all claims of the ’037 patent due to a
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`break in continuity caused by the failure to pay an extension fee. This break
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`resulted in dismissal of all pending lawsuits regarding the ‘037 patent, and a
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`cessation of all settlement and licensing efforts regarding the ‘037 patent.
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`This request to cancel all claims of the ’037 patent leaves no claim
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`remaining for trial in this proceeding. Accordingly, entry of judgment
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`against Patent Owner pursuant to 37 C.F.R. § 42.73(b) is appropriate.
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`Public policy favors terminating the present inter partes review
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`proceeding. Ending this IPR early promotes the Congressional goal of
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`establishing a more efficient patent system by limiting unnecessary and
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`counterproductive costs. See Changes to Implement Inter Partes Review
`
`Proceedings, Post-Grant Review Proceedings, and Transitional Program for
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`
`
`IPR2017-00208
`U.S. Patent 7,490,037
`Covered Business Method Patents, 77 Fed. Reg. 48,680 (Aug. 14, 2012).
`
`Permitting termination as to all parties provides certainty and fosters an
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`environment that promotes a timely, cost-effective alternative to litigation.
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`
`
`Date: December 28, 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
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-00208
`U.S. Patent 7,490,037
`CERTIFICATE OF SERVICE
`
` The undersigned hereby certifies that a copy of the Patent Owner’s
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`Request for Adverse Judgment was served on December 28, 2016, via
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`electronic mail directed to the attorney of record for the patent at the
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`following address: EHunt-PTAB@wolfgreenfield.com. Petitioner has
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`consented to electronic service.
`
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`Date: December 28, 2016 Respectfully submitted,
`
`By: /s/ Timothy Devlin
`Timothy Devlin, Reg. No. 41,706