`Tel: 571-272-7822
`
`
`
`Paper 15
`Entered: November 7, 2016
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`
`
`ARTHREX, INC. and SMITH & NEPHEW, INC.,
`Petitioner,
`
`v.
`
`VITE TECHNOLOGIES, INC.,
`Patent Owner.
`_______________
`
`Case IPR2016-00382
`Patent 6,168,598 B1
`_______________
`
`
`Before WILLIAM V. SAINDON, BARRY L. GROSSMAN, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`
`
`GOODSON, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Adverse Judgment After Institution of Trial
`37 C.F.R. § 42.73
`
`
`
`Case IPR2016-00382
`Patent 6,168,598 B1
`
`
`On June 28, 2016, we instituted this inter partes review of
`
`claims 21, 25–27, 29, 30, 38, and 39 of U.S. Patent No. 6,168,598 B1 (“the
`
`’598 patent”). Paper 7. On November 4, 2016, Patent Owner filed a
`
`Request for Adverse Judgment Under 37 C.F.R. § 42.73(b). Paper 14
`
`(“Request”). In the Request, Patent Owner “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.” Id.
`
`A party may request entry of adverse judgment against itself at any
`
`time during a proceeding. See 37 C.F.R. § 42.73(b). Also, under 37 C.F.R.
`
`§ 42.73(b)(2), actions construed as a request for entry of adverse judgment
`
`include cancellation of a claim such that the party has no remaining claim in
`
`the trial. Here, Patent Owner has requested cancellation of each of the
`
`claims identified for trial and expressly requested entry of adverse judgment.
`
`Paper 14. Patent Owner’s requests for cancellation of claims 21, 25–27, 29,
`
`30, 38, and 39 of the ’598 patent and for entry of adverse judgment are
`
`granted.
`
`For the foregoing reasons, it is:
`
`ORDERED that judgment is entered against Patent Owner under
`
`37 C.F.R. § 42.73(b);
`
`FURTHER ORDERED that a certificate canceling claims 21, 25–27,
`
`29, 30, 38, and 39 of U.S. Patent No. 6,168,598 B1 will be issued in due
`
`course pursuant to 35 U.S.C. § 318(b) and 37 C.F.R. § 42.80;
`
`FURTHER ORDERED that this constitutes a final written decision
`
`under 35 U.S.C. § 318(a); and
`
`FURTHER ORDERED that this proceeding is hereby terminated.
`
`1
`
`
`
`Case IPR2016-00382
`Patent 6,168,598 B1
`
`PETITIONER:
`
`Michael Rader
`Mrader-PTAB@wolfgreenfield.com
`
`Randy Pritzker
`Rpritzker-PTAB@wolfgreenfield.com
`
`Anthony Cho
`acho@cgolaw.com
`
`
`
`PATENT OWNER:
`
`Steven Daniels
`sdaneils@farneydaniels.com
`
`Gurtej Singh
`tsingh@farneydaniels.com
`
`
`2
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