`571-272-7822
`
`Paper 9
`Date: August 28, 2020
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`GLAXOSMITHKLINE BIOLOGICALS SA,
`Petitioner,
`
`v.
`
`PFENEX INC.,
`Patent Owner.
`
`
`IPR2020-00890
`Patent 8,530,171 B2
`
`
`
`
`Before ULRIKE W. JENKS and SUSAN L. C. MITCHELL, Administrative
`Patent Judges.
`
`MITCHELL, Administrative Patent Judge.
`
`
`
`DECISION
`Dismissal Prior to Institution of Trial
`35 U.S.C. § 314
`
`
`
`
`
`
`IPR2020-00890
`Patent 8,530,171 B2
`
`I. DISCUSSION
`On May 7, 2020, GlaxoSmithKline Biologicals SA (“Petitioner”) filed
`a Petition requesting an inter partes review of claims 1–36 of U.S. Patent
`No. 8,530,171 B2 (“the ’171 patent”). Pet. 3.
`On June 29, 2020, pursuant to authorization by the Board, Petitioner
`filed a Motion to Withdraw Petition for Inter Partes Review in this
`proceeding. Paper 7 (“Motion”). In the Motion, Petitioner states that “[o]n
`May 26, 2020, Petitioner filed a Second Petition in IPR2020-00962 (Paper 1,
`“’962 IPR Petition”) against the same claims of the ’171 patent to account
`for a potential dispute regarding the prior art status of the Blais reference.”
`Motion 2. Petitioner also indicates that “withdrawal of the petition at this
`very early stage of the proceeding would preserve both the Board’s and the
`parties’ resources and would further the objective of 37 C.F.R. § 42.1(b) in
`‘secur[ing] the just, speedy, and inexpensive resolution of every
`proceeding.’” Id. at 4. Petitioner represents that Pfenex Inc. (“Patent
`Owner”) does not oppose the Motion. Id. at 2, 4. Petitioner also filed an
`email from Patent Owner’s counsel indicating that Patent Owner does not
`oppose the Motion. Ex. 1030.
`This proceeding is at an early stage, and we have not yet considered
`the IPR2020-00890 Petition’s merits, nor have we instituted a trial. In view
`of the early stage of this proceeding, we determine it is appropriate to
`dismiss the Petition and terminate the proceeding to promote efficiency and
`minimize unnecessary costs. See 37 C.F.R. § 42.71(a). Therefore,
`Petitioner’s unopposed Motion is granted.
`This paper does not constitute a final written decision pursuant to
`35 U.S.C. § 318(a).
`
`
`2
`
`
`
`IPR2020-00890
`Patent 8,530,171 B2
`
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the Motion is granted;
`FURTHER ORDERED that the IPR2020-00890 Petition is dismissed;
`FURTHER ORDERED that the IPR2020-00890 proceeding is
`terminated; and
`FURTHER ORDERED that this paper does not constitute a final
`written decision pursuant to 35 U.S.C. § 318(a).
`
`
`
`
`
`
`
`3
`
`
`
`IPR2020-00890
`Patent 8,530,171 B2
`PETITIONER:
`
`Charles Lipsey
`charles.lipsey@finnegan.com
`
`Rich Racine
`rich.racine@finnegan.com
`
`Joann Neth
`joann.neth@finnegan.com
`
`Trenton Ward
`trenton.ward@finnegan.com
`
`Amanda Murphy
`amanda.murphy@finnegan.com
`
`Yieyie Yang
`yieyie.yang@finnegan.com
`
`
`PATENT OWNER:
`
`Jeffrey Guise
`jguise@wsgr.com
`
`Lora Green
`lgreen@wsgr.com
`
`Wendy Devine
`wdevine@wsgr.com
`
`Lorelei Westin
`lwestin@wsgr.com
`
`
`
`4
`
`
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