`571.272.7822
`
`
`Paper 10
`Entered: April 20, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ASKELADDEN L.L.C.,
`Petitioner,
`
`v.
`
`NEXTCARD, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00105
`Patent 7,552,080 B1
`____________
`
`
`
`Before MITCHELL G. WEATHERLY, CARL M. DeFRANCO, and
`MICHAEL L. WOODS, Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`
`
`
`JUDGMENT AND FINAL WRITTEN DECISION
`35 U.S.C. § 318(a) and 37 C.F.R. § 42.73(b)
`
`
`
`IPR2017-00105
`Patent 7,552,080 B1
`
`On October 19, 2016, Askeladden L.L.C. (“Petitioner”) filed a
`Petition (Paper 1) requesting inter partes review of claims 1–11 (“the
`challenged claims”) of U.S. Patent No. 7,552,080 B1 (Ex. 1001, “the ’080
`patent”). An inter partes review of all challenged claims was instituted on
`April 17, 2017. Paper 7. On April 18, 2017, Nextcard, LLC (“Patent
`Owner”) filed a Request for Adverse Judgment (Paper 9, “Request”) and a
`Disclaimer in Patent Under 37 C.F.R. § 1.321(a) (Ex. 2001) disclaiming all
`challenged claims in the ’080 patent. In an e-mail to the Board on April 19,
`2017, Petitioner stated that it did not oppose Patent Owner’s Request.
`Patent Owner may request adverse judgment against itself at any time
`by disclaiming the claims such that there are no remaining claims in the trial.
`37 C.F.R. § 42.73(b). We grant Patent Owner’s unopposed Request.
`
`
`ORDER
`
`It is
`ORDERED that Patent Owner’s request for adverse judgment is
`granted;
`FURTHER ORDERED that final judgment is entered against Patent
`Owner with respect to all challenged claims in this proceeding; and
`FURTHER ORDERED that this constitutes a final written decision
`under 35 U.S.C. § 318(a).
`
`
`
`
`
`
`2
`
`
`
`IPR2017-00105
`Patent 7,552,080 B1
`
`PETITIONER:
`John Steven Gardner
`Alton L Absher III
`Bryan S. Foster
`Kilpatrick Townsend & Stockton LLP
`sgardner@kilpatricktownsend.com
`aabsher@kilpatricktownsend.com
`bfoster@kilpatricktownsend.com
`
`
`
`PATENT OWNER:
`Marc A. Hubbard
`HUBBARD JOHNSTON, PLLC
`mhubbard@hubbardjohnston.com
`
`
`
`3
`
`