`Tel: 571-272-7822
`
`Paper 15
`Entered: July 26, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GOOGLE LLC,
`Petitioner,
`
`V.
`
`ALEX IS THE BEST, LLC,
`Patent Owner.
`
`Case IPR2017-02059
`Patent 8,581,991 Bl
`
`Before DANIEL N. FISHMAN, MINN CHUNG,and
`JESSICA C. KAISER,Administrative Patent Judges.
`
`FISHMAN,Administrative Patent Judge.
`
`JUDGMENT
`Granting Request for Adverse Judgment After Institution of Trial
`35 U.S.C. § 316(a)(4); 37 CFR. § 42.73(b)
`
`
`
`IPR2017-02059
`Patent 8,581,991 B1
`
`INTRODUCTION
`
`Google LLC (“Petitioner”) filed a Petition requesting inter partes
`
`review of claims 22, 23, 25, 27-29, 32, 33, and 35-38 of U.S. Patent No.
`
`8,581,991 B1 (“the 991 patent,” Ex. 1001). Paper 1. Alex Is The Best,
`
`LLC (“Patent Owner”) filed a Preliminary Responseto the Petition. Paper
`
`7. On March 9, 2018, weinstituted an inter partes review ofall challenged
`
`claims (22, 23, 25, 27-29, 32, 33, and 35-38) of the ’991 patent. Paper 8,
`
`46. On June 7, 2018, Patent Ownerfiled a Request for Adverse Judgment
`
`requesting adverse judgment pursuant to 37 C.F.R. § 42.73(b)(2) with
`respect to all claims that are the subject of this proceeding. Paper 14,1.
`
`Specifically, Patent Ownerasserts “Patent Ownerhas decided to cancel
`claims 22, 23, 25, 27-29, 32, 33, and 35-38 of U.S. Patent No. 8,581,991
`(‘the °991 patent’), on which IPR2017-02059 wasinstituted.” Jd.
`
`DISCUSSION
`
`A party may request entry of adverse judgmentagainstitself at any
`lime during a proceeding. See 37 C.F.R. § 42.73(b). Petitioner has notfiled
`an opposition to Patent Owner’s Motion for Adverse Judgment.
`
`Under these circumstances, we determine that the grant of the request
`
`for entry of adverse judgmentis appropriate. Furthermore, becauseall
`claims challenged in this proceeding are cancelled, a Certificate shall issue
`
`in due course cancelling the challenged claims under 35 U.S.C. § 318(b).
`
`
`
`IPR2017-02059
`Patent 8,581,991 Bl
`
`It is ORDEREDthat Patent Owner’s Request for Adverse Judgment
`
`under 37 C.F.R. § 42.73(b) with respect to claims 22, 23, 25, 27-29, 32, 33,
`
`and 35-38 of U.S. Patent No. 8,581,991 B1 is granted; and
`
`FURTHER ORDEREDthat claims 22, 23, 25, 27-29, 32, 33, and 35—
`
`38 of U.S. Patent No. 8,581,991 B1 shall be cancelled under 35 U.S.C.
`
`§ 318(b).
`
`PETITIONER:
`
`Joshua Larsen
`Steven Shipe
`Jeffrey C. Morgan
`Jeffrey M. Barron
`Barnes & Thornburg LLP
`joshua. larsen@btlaw.com
`steven.shipe@btlaw.com
`jeff.morgan@btlaw.com
`jeff.barron@btlaw.com
`
`PATENT OWNER:
`
`C. Andrew IM
`IM IP LAW PLLC
`docket@imiplaw.com
`
`
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