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UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`RPX CORPORATION
`Petitioner,
`
`v.
`
`SOCKEYE LICENSING TX, LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-01053
`Patent 8,879,987 B1
`_______________
`
`
`
`PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`UNDER 37 C.F.R. §42.73(b)(2)
`
`
`
`
`
`
`
`
`
`1
`
`

`
`
`
`The Board instituted review in the above-captioned proceeding for claims 1-
`
`5, 12-17, and 19 of U.S. Patent No. 8,879,987. Paper 6 (Institution Decision) at 14.
`
`“A party may request judgment against itself at any time during a
`
`proceeding.” 37 C.F.R. §42.73(b)(2). Accordingly, Patent Owner Sockeye
`
`Licensing TX, LLC respectfully requests judgment against itself and asks that the
`
`Board cancel the instituted claims (claims 1-5, 12-17, and 19) and enter adverse
`
`judgment against it. Patent Owner’s cancellation of the instituted claims is not an
`
`admission regarding the merits of Petitioners’ position that the claims are invalid
`
`and/or that the asserted references taken alone, or in combination, teach or suggest
`
`all the limitations of the claims.
`
`In view of the requested cancellation of the claims of the ’987 patent upon
`
`which trial was instituted, Patent Owner respectfully requests that the PTAB enter
`
`an adverse judgment against Patent Owner and terminate this proceeding pursuant
`
`to 37 C.F.R. §42.73(b)(2).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: 01/20/2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/Gregory S. Donahue/
`
`Gregory S. Donahue
`Reg. No. 47,531
`DiNovo Price Ellwanger & Hardy LLP
`7000 North MoPac Expressway, Suite 350
`Austin, Texas 78731
`Lead Counsel for Patent Owner
`
`2
`
`

`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 20th day of January 2017, a true and correct copy
`
`of the foregoing PATENT OWNER’S REQUEST FOR ADVERSE JUDGMENT
`
`was served by electronic mail upon the following counsel of record for Petitioner:
`
`Jeffrey S. Love (pro hac pending)
`Klarquist Sparkman, LLP
`121 SW Salmon St., Suite 1600
`Portland, OR 97204
`(503) 595-5300
`jeffrey.love@klarquist.com
`
`
`
`
`
`Andrew M. Mason (Reg. # 64,034)
`Klarquist Sparkman, LLP
`121 SW Salmon St., Suite 1600
`Portland, OR 97204
`(503) 595-5300
`andrew.mason@klarquist.com
`
`John D. Vandenberg (Reg. # 31,312)
`Klarquist Sparkman, LLP
`121 SW Salmon St., Suite 1600
`Portland, OR 97204
`(503) 595-5300
`john.vandenberg@klarquist.com
`
`
`
`
`/Gregory S. Donahue/
`Gregory S. Donahue
`Reg. No. 47,531
`DiNovo Price Ellwanger & Hardy LLP
`7000 North MoPac Expressway, Suite 350
`Austin, Texas 78731
`Lead Counsel for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`3

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