`571-272-7822
`
` Entered: June 21, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`L’OREAL USA, INC,
`Petitioner,
`v.
`UNIVERSITY OF MASSACHUSETTS,
`Patent Owner.
`____________
`
`Case IPR2018-00779
`Patent 6,645,513
`____________
`
`
`
`Before ULRIKE W JENKS, SHERIDAN K. SNEDDEN, and
`TINA E. HULSE, Administrative Patent Judges.
`
`JENKS, Administrative Patent Judge.
`
`
`
`
`DECISION
`Patent Owner’s Unopposed Motion for District Court-Type
`Claim Constriction
`37 C.F.R. § 42.100(b)
`
`
`
`
`
`
`
`Case IPR2018-00779
`Patent 6,645,513
`
`On April 19, 2018, Patent Owner filed a motion (Paper 6, “Mot.”)
`under 37 C.F.R. § 42.100(b) to apply district court-type claim construction
`provided by Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) in
`proceedings before the board.
`Patent Owner filed the motion within 30 days from filing the petition.
`Patent Owner certifies that the patent will expire within 18 months from the
`Notice of Filing Date Accorded to Petition. In addition, Patent Owner
`represented to the board on April 19, 2018, that Petitioner does not oppose
`the motion. Because Patent Owner satisfies all the requirements under
`37 C.F.R. § 42.100(b), Patent Owner’s motion is granted.
`Based on the foregoing, it is hereby
`ORDERED that Patent Owner’s motion to apply district court-type
`claim construction in the proceedings is granted.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2018-00779
`Patent 6,645,513
`
`PETITIONER:
`Michelle E. O’Brien
`Timothy J. Murphy
`Joanna Cohn
`The Marbury Law Group, PLLC
`mobrien@marburylaw.com
`tjmurphy@marburylaw.com
`jcohn@marburylaw.com
`513IPR@marburylaw.com
`
`PATENT OWNER:
`Matthew B. Lowrie
`Stephen B. Maebius
`Matthew A. Ambros
`Foley & Lardner LLP
`mlowrie@foley.com
`smaebius@foley.com
`mambros@foley.com
`BOST-F-UMass513IPR@foley.com
`
`
`3
`
`
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