`571-272-7822
`
`
`
`
`
`Paper 11
`Entered: October 3, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VALEO NORTH AMERICA, INC. AND VALEO EMBRAYAGES,
`Petitioner,
`
`v.
`
`SCHAEFFLER TECHNOLOGIES AG & CO. KG,
`Patent Owner.
`____________
`
`Case IPR2017-00441
`Patent 8,573,374 B2
`____________
`
`
`
`Before JOSIAH G. COCKS, MICHAEL W. KIM, and
`JAMES J. MAYBERRY, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`
`JUDGMENT
`37 C.F.R. § 42.73(b)
`
`
`
`IPR2017-00441
`Patent 8,573,374 B2
`
`
`On December 7, 2016, Valeo North America, Inc. and Valeo
`
`Embrayages (“Petitioner”) filed a Petition (Paper 1) requesting inter partes
`
`review of claims 1–16 of U.S. Patent No. 8,573,374 B2 (Ex. 1001). On June
`
`23, 2017, we instituted trial on claims 1–16. Paper 8. Upon receiving
`
`authorization from the Board, Schaeffler Technologies AG & Co. KG
`
`(“Patent Owner”) filed, on September 15, 2017, “Patent Owner’s Request
`
`For Adverse Judgment Pursuant To 37 C.F.R. § 42.73(b).” Paper 10. As
`
`stated in that filing, “Patent Owner respectfully requests that the Board
`
`cancel claims 1–16 and . . . [i]n view of the cancellation of all claims
`
`remaining in the trial, Patent Owner respectfully requests that the Board
`
`enter a final adverse judgement pursuant to 37 C.F.R. § 42.73(b)(2).” Id. at
`
`1. Patent Owner also contends that the claims sought to be cancelled herein
`
`are cancelled in Reissue Application Serial No. 15/704,477. Id.
`
`Under 37 C.F.R. § 42.73(b)(2), a party may request judgment against
`
`itself at any time during a proceeding, and cancellation or disclaimer of a
`
`claim such that the party has no remaining claim in the trial is an action
`
`construed to be a request for entry of adverse judgment.
`
`Accordingly, it is
`
`ORDERED that “Patent Owner’s Request For Adverse Judgment
`
`Pursuant To 37 C.F.R. § 42.73(b)” with respect to claims 1–16 of U. S.
`
`Patent No. 8,573,374 (Paper 10) is granted;
`
`FURTHER ORDERED that claims 1–16 of U.S. Patent No.
`
`8,573,374 B2 be cancelled; and
`
`FURTHER ORDERED that the inter partes review captioned
`
`IPR2017-00441 is terminated.
`
`
`
`
`
`
`
` 2
`
`
`
`
`
`IPR2017-00441
`Patent 8,573,374 B2
`
`
`
`PETITIONER:
`
`Robert Mattson
`Phillippe Signore
`Lisa Mandrusiak
`OBLON LLP
`cpdocketmattson@oblon.com
`cpdocketsignore@oblon.com
`cpdocketmandrusiak@oblon.com
`
`PATENT OWNER:
`
`Cary Kappel
`William Gehris
`David Petroff
`DAVIDSON, DAVIDSON & KAPPEL, LLC
`ckappel@ddkpatent.com
`wgehris@ddkpatent.com
`dpetroff@ddkpatent.com
`
`
`
`
`
` 3
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`
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