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Inter Partes Review of Patent No. 6,168,598 B1
`Case No. IPR2016-00382
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ARTHREX, INC. and SMITH & NEPHEW, INC.,
`Petitioners
`
`v.
`
`VITE TECHNOLOGIES, LLC
`Patent Owner
`
`
`
`Case IPR2016-00382
`U.S. Patent No. 6,168,598 B1
`
`
`
`PATENT OWNER’S REQUEST FOR
`ADVERSE JUDGMENT UNDER 37 C.F.R. § 42.73(b)
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`

`
`Inter Partes Review of Patent No. 6,168,598 B1
`Case No. IPR2016-00382
`
`ARGUMENT
`
`The Board instituted review in the above-captioned proceeding for claims
`
`21, 25-27, 29, 30, 38 and 39 of U.S. Patent No. 6,168,598 B1. Institution
`
`Decision, Paper No. 7 at 19-20. Claims 21, 25-27, 29, 30 and 38 of U.S. Patent
`
`No. 6,168,598 B1 are also subject to Ex Parte Reexamination No. 90/013/580,
`
`where the Office has rejected or cancelled the majority of the original claims at
`
`issue in the present proceeding, and the patent owner has submitted new and
`
`amended claims that remain pending in the reexamination proceeding.
`
`“A party may request judgment against itself at any time during a
`
`proceeding.” 37 C.F.R. § 42.73(b)(2). Accordingly, Vite Technologies
`
`respectfully requests judgment against itself, and asks that the Board cancel the
`
`only claims remaining in this proceeding (claims 21, 25-27, 29, 30, 38 and 39) and
`
`enter adverse judgment against it as to those remaining claims.
`
`RELIEF REQUESTED
`
`In view of the cancellation of all claims remaining in this proceeding, the
`
`patent owner, Vite Technologies, respectfully requests the Board enter a final
`
`adverse judgment against Vite Technologies on the claims remaining in this case
`
`(claims 21, 25-27, 29, 30, 38 and 39) pursuant to 37 C.F.R. § 42.73(b)(2).
`
`
`
`
`
`1
`
`

`
`Inter Partes Review of Patent No. 6,168,598 B1
`Case No. IPR2016-00382
`
`Date: November 4, 2016
`
`Respectfully submitted,
`
`
`
` /Steven R. Daniels/
`Steven R. Daniels
`Reg. No. 45345
`FARNEY DANIELS PC
`800 S. Austin Avenue, Suite 200
`Georgetown, Texas 78626
`Telephone: (512) 582-2828
`Facsimile: (512) 582-2829
`Email: sdaniels@farneydaniels.com
`
`Attorneys for Patent Owner
`Vite Technologies, LLC
`
`
`
`2
`
`
`
`
`
`

`
`Inter Partes Review of Patent No. 6,168,598 B1
`Case No. IPR2016-00382
`
`Certificate of Service in Compliance with 37 C.F.R. § 42.6(e)(4)
`
`The undersigned certifies that a complete copy of Patent Owner’s Request
`
`for Adverse Judgment has been served electronically in its entirety to the attorneys
`
`of record for the Petitioner this November 4, 2016, via email:
`
`Via Email:
`Michael N. Rader, Reg. No. 52,146
`Randy J. Pritzker. No. 35,986
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`Tel: 617-646-8000
`Fax: 617-646-8646
`Email: mrader-ptab@wolfgreenfield.com
`rpritzker-ptab@wolfgreenfield.com
`
`Via Email:
`Anthony Cho, Reg. No. 47,209
`CARLSON, GASKEY & OLDS, P.C.
`400 W. Maple, Suite 350
`Birmingham, MI 48009
`Tel: 248-988-8360
`Email:
`acho@cgolaw.com
`
`Date: November 4, 2016
`
` /Steven R. Daniels/
`Steven R. Daniels
`Reg. No. 45345
`
`
`
`
`
`3

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