`Trials@uspto.gov
`Entered: January 24, 2017
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`RPX CORPORATION,
`Petitioner,
`
`v.
`
`SOCKEYE LICENSING TX, LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-00985
`Patent 8,879,987 B1
`_______________
`
`
`
`Before BRYAN F. MOORE, ROBERT J. WEINSCHENK, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`JUDGMENT
`Termination of the Proceeding
`37 C.F.R. § 42.73(b)
`
`
`
`
`
`
`
`
`IPR2016-00985
`Patent 8,879,987 B1
`
`
`INTRODUCTION
`I.
`On November 2, 2016, we instituted an inter partes review of claims
`20–29, 31–37, 39–45, and 47 of U.S. Patent No. 8,879,987 B1 (“the ’987
`patent”). Paper 6, 14. On January 20, 2017, Patent Owner, Sockeye
`Licensing TX, LLC (“Sockeye”), filed a Request for Adverse Judgment
`pursuant to 37 C.F.R. § 42.73(b)(2). Paper 9. In the Request, Sockeye asks
`us to cancel claims 20–29, 31–37, 39–45, and 47 of the ’987 patent and to
`enter an adverse judgment against Sockeye. Paper 9, 2.
`II. ANALYSIS
`A party may request entry of adverse judgment against itself at any
`time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a
`request for adverse judgment include cancellation of patent claims such that
`a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2).
`Sockeye’s request to cancel claims 20–29, 31–37, 39–45, and 47 of the ’987
`patent leaves no claim remaining for trial. Accordingly, entry of adverse
`judgment against Sockeye pursuant to 37 C.F.R. § 42.73(b) is appropriate.
`III. ORDER
`In consideration of the foregoing, it is hereby:
` ORDERED that Sockeye’s Request for Adverse Judgment pursuant
`to 37 C.F.R. § 42.73(b)(2) is granted;
`FURTHER ORDERED that claims 20–29, 31–37, 39–45, and 47 of
`U.S. Patent No. 8,879,987 B1 are canceled; and
`FURTHER ORDERED that adverse judgment is entered against
`Sockeye with respect to claims 20–29, 31–37, 39–45, and 47 of U.S. Patent
`No. 8,879,987 B1.
`
`
`2
`
`
`
`IPR2016-00985
`Patent 8,879,987 B1
`
`PETITIONER:
`Andrew M. Mason
`John D. Vandenberg
`KLARQUIST SPARKMAN, LLP
`andrew.mason@klarquist.com
`john.vandenberg@klarquist.com
`
`
`
`PATENT OWNER:
`Gregory S. Donahue
`DINOVO PRICE ELLWANGER & HARDY LLP
`gdonahue@dpelaw.com
`
`Jeffrey W. Salmon
`JEFFREY W. SALMON LAW LLC
`jeff@jeffreywsalmonlawllc.com
`
`
`3
`
`
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