`Tel: 571-272-7822
`
`
`
`
`
`Paper 16
`Entered: July 26, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`ALEX IS THE BEST, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-02056
`Patent 8,134,600 B2
`____________
`
`
`
`Before DANIEL N. FISHMAN, MINN CHUNG, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Granting Request for Adverse Judgment After Institution of Trial
`35 U.S.C. § 316(a)(4); 37 C.F.R. § 42.73(b)
`
`
`
`IPR2017-02056
`Patent 8,134,600 B2
`
`
`INTRODUCTION
`Google LLC (“Petitioner”) filed a Petition requesting inter partes
`review of claims 1–5, 8–10, 12, and 13 of U.S. Patent No. 8,134,600 B2
`(“the ’600 patent,” Ex. 1001). Paper 2. Alex Is The Best, LLC (“Patent
`Owner”) filed a Preliminary Response to the Petition. Paper 7. On March 9,
`2018, we instituted an inter partes review of all challenged claims (1–5, 8–
`10, 12, and 13) of the ’600 patent. Paper 8, 46. On June 7, 2018, Patent
`Owner filed a Request for Adverse Judgment requesting adverse judgment
`pursuant to 37 C.F.R. § 42.73(b)(2) with respect to all claims that are the
`subject of this proceeding. Paper 15, 1. Specifically, Patent Owner asserts
`“Patent Owner has decided to cancel claims 1–5, 8–10, 12, and 13 of U.S.
`Patent No. 8,134,600 (‘the ’600 patent’), on which IPR2017-02056 was
`instituted.” Id.
`
`
`DISCUSSION
`A party may request entry of adverse judgment against itself at any
`time during a proceeding. See 37 C.F.R. § 42.73(b). Petitioner has not filed
`an opposition to Patent Owner’s Motion for Adverse Judgment.
`Under these circumstances, we determine that the grant of the request
`for entry of adverse judgment is appropriate. Furthermore, because all
`claims challenged in this proceeding are cancelled, a Certificate shall issue
`in due course cancelling the challenged claims under 35 U.S.C. § 318(b).
`
`
`
`
`2
`
`
`
`IPR2017-02056
`Patent 8,134,600 B2
`
`
`ORDER
`It is ORDERED that Patent Owner’s Request for Adverse Judgment
`under 37 C.F.R. § 42.73(b) with respect to claims 1–5, 8–10, 12, and 13 of
`U.S. Patent No. 8,134,600 B2 is granted; and
`FURTHER ORDERED that claims 1–5, 8–10, 12, and 13 of U.S.
`Patent No. 8,134,600 B2 shall be cancelled under 35 U.S.C. § 318(b).
`
`
`PETITIONER:
`Joshua Larsen
`Steven Shipe
`Jeffrey C. Morgan
`Jeffrey M. Barron
`Barnes & Thornburg LLP
`joshua.larsen@btlaw.com
`steven.shipe@btlaw.com
`jeff.morgan@btlaw.com
`jeff.barron@btlaw.com
`
`PATENT OWNER:
`
`C. Andrew IM
`IM IP LAW PLLC
`docket@imiplaw.com
`
`
`
`
`3
`
`
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