`Trials@uspto.gov
`571-272-7822 Entered: November 8, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORP.,
`Patent Owner.
`____________
`
`Case IPR2017-00628 (Patent 6,049,607)
`Case IPR2017-00732 (Patent 6,377,637 B1)1
`____________
`
`
`
`Before STEPHEN C. SIU, MICHAEL R. ZECHER, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`SIU, Administrative Patent Judge.
`
`
`
`
`JUDGMENT
`Granting Patent Owner’s Request for Adverse Judgment
`37 C.F.R. § 42.73(b)
`
`
`
`
`1 This Order addresses issues that are identical in both cases. We, therefore,
`exercise our discretion to issue one Order to be filed in each case.
`
`
`
`IPR2017-00628 (Patent 6,049,607)
`IPR2017-00732 (Patent 6,377,637 B1)
`
`In Apple, Inc. v. Andrea Electronics Corp., Case IPR2017-00628,
`Petitioner, Apple, Inc., filed a Petition for inter partes review of claims 1
`and 25 of U.S. Patent No. 6,049,607 (“the ’607 patent”). IPR2017-00628,
`Paper 1. Patent Owner, Andrea Electronics Corp., did not file a Preliminary
`Response. On July 24, 2017, we instituted an inter partes review of all of
`the challenged claims. IPR2017-00628, Paper 6. On November 7, 2017,
`Patent Owner filed “Patent Owner’s Request for Adverse Judgment Under
`37 C.F.R. 42.73(b),” asking the Board to cancel claims 1 and 25 of the ’607
`patent, which constitute all of the claims at issue in IPR2017-00628.
`IPR2017-00628, Paper 10.
`In Apple, Inc. v. Andrea Electronics Corp., Case IPR2017-00732,
`Petitioner, Apple, Inc., filed a Petition for inter partes review of claims 1–14
`of U.S. Patent No. 6,377,637 B1 (“the ’637 patent”). IPR2017-00732, Paper
`1. Patent Owner, Andrea Electronics Corp., did not file a Preliminary
`Response. On July 24, 2017, we instituted an inter partes review of all of
`the challenged claims. IPR2017-00732, Paper 6. On November 7, 2017,
`Patent Owner filed “Patent Owner’s Request for Adverse Judgment Under
`37 C.F.R. 42.73(b),” asking the Board to cancel claims 1–14 of the ’637
`patent, which constitute all of the claims at issue in IPR2017-00732.
`IPR2017-00732, Paper 10.
`A party may request adverse judgment against itself at any time.
`37 C.F.R. § 42.73(b). In IPR2017-00628 and IPR2017-00732, Patent Owner
`requests adverse judgment and the cancellation of all of the claims on which
`inter partes review was instituted in each of the respective matters. After
`the cancellation of the specified claims of the ’607 patent and the ’637
`patent, no claims would remain in either inter partes review. Based on these
`
`2
`
`
`
`IPR2017-00628 (Patent 6,049,607)
`IPR2017-00732 (Patent 6,377,637 B1)
`
`particular circumstances, we grant Patent Owner’s requests and enter
`judgment in IPR2017-00628 and IPR2017-00732 against Patent Owner
`under 37 C.F.R. § 42.73(b).
`
`
`ORDER
`
`Accordingly, it is:
`
`ORDERED that Patent Owner’s request for adverse judgment in
`
`IPR2017-00628 is granted, and judgment is entered against Patent Owner in
`IPR2017-00628 under 37 C.F.R. § 42.73(b) with respect to claims 1 and 25
`of the ’607 patent.
`FURTHER ORDERED that Patent Owner’s request for adverse
`judgment in IPR2017-00732 is granted, and judgment is entered against
`Patent Owner in IPR2017-00732 under 37 C.F.R. § 42.73(b) with respect to
`claims 1–14 of the ’637 patent.
`FURTHER ORDERED that claims 1 and 25 of U.S. Patent No.
`6,049,607 and claims 1–14 of U.S. Patent 6,377,637 B1 are CANCELLED.2
`FURTHER ORDERED that a copy of this Decision is to be entered
`into the file of Cases IPR2017-00628 and IPR2017-00732.
`
`
`
`
`
`
`
`2 See 37 C.F.R. § 42.80 (“[A]fter the Board issues a final written decision in
`an inter partes patent review . . . , the Office will issue and publish a
`certificate canceling any claim of the patent finally determined to be
`unpatentable. . . .”)
`
`3
`
`
`
`IPR2017-00628 (Patent 6,049,607)
`IPR2017-00732 (Patent 6,377,637 B1)
`
`FOR PETITIONER:
`Jeffrey P. Kushan
`Steven S. Baik
`Thomas A. Broughan III
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`sbaik@sidley.com
`tbroughan@sidley.com
`
`FOR PATENT OWNER:
`William D. Belanger
`Andrew Schultz
`Griffin Mesmer
`PEPPER HAMILTON LLP
`belangerw@pepperlaw.com
`schultza@pepperlaw.com
`mesmerg@pepperlaw.com
`
`4
`
`
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