`571-272-7822 _
`
`Paper 19
`Date Entered: April 23, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YAMAHA CORPORATION OF AMERICA,
`Petitioner,
`
`Vv.
`
`BLACK HILLS MEDIA,LLC,
`Patent Owner.
`
`Case IPR2014-00733
`Patent 8,458,356 B2
`
`Before BRIAN J. MCNAMARA,PETERP. CHEN,and
`FRANCESL. IPPOLITO, Administrative Patent Judges.
`
`CHEN,Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 CFR. § 42.73
`
`
`
`IPR2014-00733
`Patent 8,458,356 B2
`|
`
`BACKGROUND
`
`On May 6, 2014, Petitioner Yamaha Corporation of Americafiled a
`Petition seeking interpartes review of claims 1, 23, and 28 ofU.S. Patent
`No.8,456,356 B2 (“the ’356 patent”). On November 10, 2014, we instituted
`
`inter partes review of claims 1, 23, and 28. Paper7.
`Pursuant to the Scheduling Order, on January 30, 2015, Patent Owner
`filed its Response. Paper 15. Patent Ownerdid notfile a motion to amend.
`On April 3, 2015, Patent Ownerfiled a Request for Adverse Judgment,
`Paper 18, requesting adverse judgmentpursuant to 37 C.F.R. § 42.73(b),
`
`with respect to claims 1, 23, and 28:
`
`Patent Owner ... hereby requests that the Board cancel claims 1, 23,
`and 28 of U.S. Patent No. 8,458,356 (“the ‘356 Patent”). These claims
`are all claims for which the present inter partes review has been
`instituted. See Decision — Institution of Inter Partes Review, Paper7,
`pp. 15-16.
`©
`
`In view of the cancellation ofall claims remainingin thetrial, Patent
`Ownerrequests that the Board enter adverse judgment against Patent
`Ownerin this proceeding pursuant to 37 C.F.R. §42.73(b)(2).
`
`Paper 18, 1. Petitioner has not filed any reply to the Patent Owner’s
`
`_ Response.
`
`DISCUSSION
`A party may request entry of adverse judgment against itself at any |
`time during a proceeding. See 37 C.F.R. § 42.73(b). Patent Owner has
`concededthat the requested judgment effectively will cancel the claims
`identified for trial and moot this proceeding. Paper:18, 1. There is no
`pending motion to amend claims. Patent Owneralso has indicated by email
`to the Board that Petitioner has no objection to the Request for Adverse
`
`
`
`IPR2014-00733
`Patent 8,458,356 B2
`
`Judgment. Under these circumstances, the request for entry of adverse —
`judgmentis appropriate.
`
`ORDER
`
`It is ORDEREDthat Patent Owner’s request for adverse judgment
`
`—
`
`under 37 C.F.R. § 42.73(b) with respect to claims 1, 23, and 28 of U.S.
`
`Patent No. 8,458,356 B2 is GRANTED;and,
`ORDEREDthat judgmentis entered herein against Patent Owner with
`
`respect to claims 1, 23, and 28 of U.S. Patent No. 8,456,356 B2. Claims1,
`
`23, and 28 are unpatentable, and shall be cancelled.
`
`PETITIONER:
`
`David Fehrman
`dfehrman@mofo.com
`
`Mehran Arjomand
`marjomand@mofo.com
`
`PATENT OWNER:
`
`Reza Mollaaghababa
`mollaaghababar@pepperlaw.com
`
`Thomas Engellenner
`engellennert@pepperlaw.com
`
`Christopher Horgan
`chris.horgan@concerttechnology.com
`
`
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