`Tel: 571-272-7822
`
`Paper 11
`Entered: July 19, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DISH NETWORK L.L.C. and
`DIRECTV, LLC,
`Petitioners,
`
`Vv.
`
`QURIO HOLDINGS,INC.,
`Patent Owner.
`
`Cases
`IPR2016-00080 (Petitioner DISH NETWORK L.L.C.)
`IPR2016-00994 (Petitioner DIRECTV, LLC )
`Patent 8,879,567 Bl
`
`Before BARBARA A. BENOIT, KERRY BEGLEY, and
`JASON J. CHUNG,Administrative Patent Judges.
`
`BEGLEY,Administrative Patent Judge.
`
`JUDGMENT
`Granting Request for Adverse Judgment
`37 CFR. § 42.73(b)
`
`
`
`Cases IPR2016-00080 and IPR2016-00994
`Patent 8,879,567 B1
`
`I. BACKGROUND
`
`In DISH Network L.L.C. v. Qurio Holdings, Inc., Case
`
`IPR2016-00080, Petitioner, DISH Network L.L.C., filed a Petition for inter
`
`partes review of claims 20, 21, 24, and 25 of U.S. Patent No. 8,879,567 Bl
`(“the °567 patent”). Paper 1. Patent Ownerfiled a Preliminary Response.
`Paper 5. On April 25, 2016, weinstituted an inter partes review ofall of the
`challenged claims. Paper 6. On July 13, 2016, Patent Owner filed a Request
`for Adverse Judgment, asking the Board to cancel claims 20, 21, 24, and 25
`of the ’567 patent, which constitute all ofthe claimsat issue in
`IPR2016-00080. Paper 10.
`
`In DIRECTV, LLC v. Qurio Holdings, Inc., Case IPR2016-00994,
`
`Petitioner, DIRECTV, LLC,filed a Petition for inter partes review of
`
`claims 20, 21, 24, and 25 of the ’567 patent. Paper 2. Petitioner
`
`concurrently filed a Motion for Joinder requesting joinder of IPR2016-00994
`with IPR2016-00080. Paper 3. Patent Owner, Qurio Holdings, Inc., filed a
`Preliminary Response. Paper 9. On July 13, 2016, Patent Ownerfiled a
`Request for Adverse Judgment, asking the Board to cancel claims 20, 21, 24,
`and 25 ofthe ’567 patent, which constitute all of the claims at issue in
`
`IPR2016-00994. Paper 10.
`
`II. DISCUSSION
`
`A party may request adverse judgmentagainstitself at any time.
`37 C.E.R. § 42.73(b). In IPR2016-00080 and IPR2016-00994, Patent Owner
`requests adverse judgmentand the cancellationof all ofthe claims on which
`inter partes review wasinstituted (IPR2016-00080) or requested
`(IPR2016-00994). Thus, after the cancellation of the specified claimsof the
`
`
`
`Cases IPR2016-00080 and IPR2016-00994
`Patent 8,879,567 Bl
`
`’567 patent, no claims would remainin either of the above-captioned inter
`partes reviews. Underthese circumstances, the Requests for Adverse
`Judgmentare appropriate. Therefore, we grant Patent Owner’s requests and
`
`enter judgment in IPR2016-00080 and IPR2016-00994 against Patent Owner
`
`under 37 C.F.R. § 42.73(b).
`
`Ill. ORDER
`
`Accordingly,it is:
`
`ORDEREDthat Patent Owner’s Request for Adverse Judgmentin
`
`IPR2016-00080 is yranied, and judgmentis entered against Patent Ownerin
`
`IPR2016-00080 under 37 C.F.R. § 42.73(b) with respect to claims 20, 21,
`
`24, and 25 of the ’567 patent;
`
`FURTHER ORDEREDthat Patent Owner’s Request for Adverse
`
`Judgment in IPR2016-00994 is granted, and judgmentis entered against
`Patent Ownerin IPR2016-00994 under 37 C.F.R. § 42.73(b) with respect to
`claims 20, 21, 24, and 25 ofthe °567 patent;
`FURTHER ORDEREDthat DIRECTV, LLC’s Petition (Paper 2) and
`
`Motion for Joinder (Paper 3) filed in IPR2016-00994 are dismissed as moot;
`
`FURTHER ORDEREDthat claims 20, 21, 24, and 25 of U.S. Patent
`
`No. 8,879,567 B1 are CANCELLED; and
`
`FURTHER ORDEREDthata copy ofthis Decisionis to be entered
`
`into the file of Cases 1PR2016-00080 and IPR2016-00994.
`
`
`
`Cases IPR2016-00080 and IPR2016-00994
`Patent 8,879,567 B1
`
`PETITIONER:
`
`Eliot D. Williams
`G. Hopkins GuyIII
`Ali Dhanani
`BAKER BOTTSL.L.P.
`eliot.williams@bakerbotts.com
`hop.guy@bakerbotts.com
`ali.dhanani@bakerbotts.com
`
`Thomas N, Millikan
`Kevin J. Patariu
`Joseph P. Reid
`Bing Ai
`PERKINS COIE LLP
`tmillikan@perkinscoie.com
`kpatariu@perkinscoie.com
`jreid@perkinscoie.com
`ai-ptab@perkinscoie.com
`
`PATENT OWNER:
`
`Robert P. Renke
`QURIO HOLDINGS,INC,
`robert.renke@flashpoint.com
`
`
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