`Tel: 571-272-7822
`
`Paper No. 17
`Entered: January 31, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NETFLIX, INC.,
`Petitioner,
`v.
`REALTIME ADAPTIVE STREAMING, LLC,
`Patent Owner.
`
`Case IPR2018-01170
`Patent 8,934,535 B2
`
`
`
`
`
`
`
`
`
`Before KEVIN W. CHERRY, GARTH D. BAER, and
`NABEEL U. KHAN, Administrative Patent Judges.
`KHAN, Administrative Patent Judge.
`
`
`
`
`JUDGMENT
`Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`IPR2018-01170
`Patent 8,934,535 B2
`Netflix, Inc. (“Petitioner”) filed a Petition (Paper 4) requesting inter
`partes review of claims 15–30 (“the challenged claims”) of U.S. Patent
`No. 8,934,535 (Ex. 1001, “the ʼ535 Patent”). Realtime Adaptive Streaming,
`LLC (“Patent Owner”) did not file a Preliminary Response. We instituted
`inter partes review of all the challenged claims on December 3, 2018.
`Paper 15.
`On January 22, 2019, Patent Owner filed a Notice of Disclaimer
`(“Notice”) of claims 15–30 of the ’535 Patent in a related case. See
`Ex. 3002. With the Notice, Patent Owner filed a copy of Disclaimer under
`37 C.F.R. § 1.321(a) (“statutory disclaimer”) and associated filing receipt
`showing that the statutory disclaimer was filed with the Office on
`January 18, 2019. See Ex. 3003.
`Patent Owner’s disclaimer of claims 15–30 of the ’535 Patent,
`disclaims all claims for which trial was instituted. Under 37 C.F.R. §
`42.73(b)(2), actions construed as a request for entry of adverse judgment
`include cancellation or disclaimer of claims such that the party has no
`remaining claim in the trial. Thus, we construe Patent Owner’s action as a
`request for entry of adverse judgment consistent with 37 C.F.R. §
`42.73(b)(2) and enter judgment adverse to the Patent Owner.
`
`
`ORDER
`
`It is:
`ORDERED that adverse judgment against Patent Owner in this
`proceeding is entered under 37 C.F.R. § 42.73(b)(2); and
`FURTHER ORDERED that all scheduled Due Dates (see Paper 16)
`are vacated.
`
`2
`
`
`
`IPR2018-01170
`Patent 8,934,535 B2
`FURTHER ORDERED that this constitutes a Final Written Decision
`under 35 U.S.C. § 318(a).
`
`
`
`
`
`3
`
`
`
`IPR2018-01170
`Patent 8,934,535 B2
`PETITIONER:
`Harper Batts
`hbatts@sheppardmullin.com
`Christopher Ponder
`cponder@sheppardmullin.com
`
`
`PATENT OWNER:
`Neil Rubin
`nrubin@raklaw.com
`Kent Shum
`kshum@raklaw.com
`
`
`4
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`