throbber
Tria1s@uspto.goV
`571-272-7822
`
`Paper 30
`Date Entered: July 22, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SONY MOBILE COMMUNICATIONS (USA) INC., SONY MOBILE
`COMMUNICATIONS AB, SONY MOBILE COMMUNICATIONS, INC.,
`
`SONY ELECTRONICS, INC., SONY CORP. OF AMERICA, and
`
`SONY CORP.,
`
`Petitioner,
`
`V.
`
`ADAPTIX, INC.,
`Patent Owner.
`
`Case IPR2014-01524
`
`Patent 6,947,748 B2
`
`Before HOWARD B. BLANKENSHIP, TREVOR M. JEFFERSON, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`BLANKENSHIP, Administrative Patent Judge.
`
`JUDGMENT
`
`Termination of the Proceeding
`37 C.F.R. § 42.73
`
`SPRINT 1115
`
`

`
`IPR2014-01524
`
`Patent 6,947,748 B2
`
`I. INTRODUCTION
`
`Sony Mobile Communications (USA) Inc., Sony Mobile
`
`Communications AB, Sony Mobile Communications, Inc., Sony
`
`Electronics, Inc., Sony Corp. of America, and Sony Corp. (collectively,
`
`“Petitioner”) filed a request for an interpartes review of claims 6, 8, 9, 11,
`
`and 19-22 of U.S. Patent No. 6,947,748 B2 (Ex. 1001, “the ’748 patent”)
`
`under 35 U.S.C. §§ 311-319. See Paper 6 (“Petition” or “Pet.”). The Board
`
`instituted review of claims 6, 8, 9, and 19-22 (Paper 16, “Dec.”). Patent
`
`Owner Adaptix, Inc. now requests adverse judgment as to the claims subject
`
`to this inter partes review. Paper 29.
`
`We have considered the Request for Adverse Judgment, and hereby
`
`grant Patent Owner’s request for adverse judgment.
`
`II. RELEVANT RULES
`
`The Board may terminate a trial without rendering a final written
`
`decision, where appropriate, including where the trial is consolidated with
`
`another proceeding or pursuant to a joint request under 35 U.S.C. § 317(a) or
`
`§ 327(a). 37 C.F.R. § 42.72.
`
`A party may request judgment against itself at any time during a
`
`proceeding. 37 C.F.R. § 42.73(b).
`
`III. ANALYSIS
`
`Patent Owner’s Request for Adverse Judgment (Paper 29) requests
`
`adverse judgment and requests that the Board cancel claims 6, 8, 9, and 19-
`
`22 of the ’748 patent. Paper 29, 2.
`
`No persuasive reason exists on this record to deny this request.
`
`IV. CONCLUSION
`
`Accordingly, the Request for Adverse Judgment is granted.
`
`2
`
`

`
`lPR20l4-01524
`
`Patent 6,947,748 B2
`
`V. ORDER
`
`For the reasons given, it is
`
`ORDERED that Patent Owner’s request for adverse judgment under
`
`37 C.F.R. § 42.73(b) with respect to claims 6, 8, 9, and 19-22 of U.S. Patent
`
`No. 6,947,748 B2 is GRANTED; and
`
`FURTHER ORDERED that, at the request of Patent Owner, judgment
`
`is entered herein against Patent Owner with respect to claims 6, 8, 9, and 19-
`
`22 ofU.S. Patent No. 6,947,748 B2. Claims 6, 8, 9, and 19-22 ofU.S.
`
`Patent No. 6,947,748 B2 are not patentable and a certificate canceling them
`
`shall issue in due course.
`
`

`
`IPR2014-01524
`
`Patent 6,947,748 B2
`
`For Petitioner:
`
`Scott Bloebaum
`
`scottb1oebaum@andrewskurth.com
`
`Scott McKeown
`
`Cpdocketmckeown@ob1on.com
`
`James Mahon
`
`j amesmahon@andrewskurth.com
`
`For Patent Owner:
`
`Amedo Ferraro
`
`aferraro@martinferraro.com
`
`Wesley Meinerding
`Wmeinerding@martinferraro.com

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