`571-272-7822
`
`
`Paper 9
`Entered: December 20, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SANDVINE CORPORATION and SANDVINE INCORPORATED ULC,
`Petitioner,
`
`v.
`
`PACKET INTELLIGENCE, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00863
`Patent 6,665,725 B1
`____________
`
`
`Before ELENI MANTIS MERCADER, JUSTIN T. ARBES, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`MANTIS MERCADER, Administrative Patent Judge.
`
`
`
`
`
`JUDGMENT
`Abandonment of the Contest
`37 C.F.R. § 42.73(b)(4)
`
`
`
`
`
`
`NOAC Ex. 1060 Page 1
`
`
`
`
`IPR2017-00863
`Patent 6,665,725 B1
`
`
`
`
`
`Sandvine Corporation and Sandvine Incorporated ULC (collectively,
`“Petitioner”) filed a Petition for inter partes review of claims 1 and 2 of
`U.S. Patent No. 6,665,725 B1. Paper 1. Patent Owner, Packet Intelligence,
`LLC, did not file a Preliminary Response. We instituted an inter partes
`review on the sole asserted ground as to the challenged claims. Paper 6.
`
`Patent Owner filed a paper titled “Patent Owner’s Abandonment of
`Contest,” stating that Patent Owner “hereby abandons this contest pursuant
`to 37 C.F.R. § 42.73(b)(4).” Paper 8. Under 37 C.F.R. § 42.73(b)(4), a
`party may request judgment against itself at any time during a proceeding,
`and actions construed to be a request for such an adverse judgment include
`“[a]bandonment of the contest.” We find that Patent Owner’s action, as set
`forth in Paper 8, constitutes abandonment of this inter partes review,
`construe such abandonment as a request for adverse judgment, and enter
`adverse judgment against Patent Owner under 37 C.F.R. § 42.73(b)(4).
`
`
`2
`
`NOAC Ex. 1060 Page 2
`
`
`
`
`IPR2017-00863
`Patent 6,665,725 B1
`
`Accordingly, it is hereby
`ORDERED that Patent Owner’s request for adverse judgment pursuant to
`37 C.F.R. § 42.73(b)(4) (Paper 8) is GRANTED; and
`FURTHER ORDERED that judgment is entered against Patent Owner with
`respect to claims 1 and 2 of U.S. Patent No. 6,665,725 B1.
`
`
`
`PETITIONER:
`Eric A. Buresh
`Mark C. Lang
`Kathleen D. Fitterling
`Abran J. Kean
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`mark.lang@eriseip.com
`kathleen.fitterling@eriseip.com
`abran.kean@eriseip.com
`
`
`PATENT OWNER:
`Steven W. Hartsell
`Alexander E. Gasser
`SKIERMONT DERBY LLP
`shartsell@skiermontderby.com
`agasser@skiermontderby.com
`
`
`
`3
`
`NOAC Ex. 1060 Page 3
`
`
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