`Tel: 571-272-7822
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`Paper 15
`Entered: July 26, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`ALEX IS THE BEST, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-02059
`Patent 8,581,991 B1
`____________
`
`
`
`Before DANIEL N. FISHMAN, MINN CHUNG, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`
`JUDGMENT
`Granting Request for Adverse Judgment After Institution of Trial
`35 U.S.C. § 316(a)(4); 37 C.F.R. § 42.73(b)
`
`
`
`IPR2017-02059
`Patent 8,581,991 B1
`
`
`INTRODUCTION
`Google LLC (“Petitioner”) filed a Petition requesting inter partes
`review of claims 22, 23, 25, 27–29, 32, 33, and 35–38 of U.S. Patent No.
`8,581,991 B1 (“the ’991 patent,” Ex. 1001). Paper 1. Alex Is The Best,
`LLC (“Patent Owner”) filed a Preliminary Response to the Petition. Paper
`7. On March 9, 2018, we instituted an inter partes review of all challenged
`claims (22, 23, 25, 27–29, 32, 33, and 35–38) of the ’991 patent. Paper 8,
`46. On June 7, 2018, Patent Owner filed a Request for Adverse Judgment
`requesting adverse judgment pursuant to 37 C.F.R. § 42.73(b)(2) with
`respect to all claims that are the subject of this proceeding. Paper 14, 1.
`Specifically, Patent Owner asserts “Patent Owner has decided to cancel
`claims 22, 23, 25, 27–29, 32, 33, and 35–38 of U.S. Patent No. 8,581,991
`(‘the ’991 patent’), on which IPR2017-02059 was instituted.” Id.
`
`
`DISCUSSION
`A party may request entry of adverse judgment against itself at any
`time during a proceeding. See 37 C.F.R. § 42.73(b). Petitioner has not filed
`an opposition to Patent Owner’s Motion for Adverse Judgment.
`Under these circumstances, we determine that the grant of the request
`for entry of adverse judgment is appropriate. Furthermore, because all
`claims challenged in this proceeding are cancelled, a Certificate shall issue
`in due course cancelling the challenged claims under 35 U.S.C. § 318(b).
`
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`
`
`2
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`
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`IPR2017-02059
`Patent 8,581,991 B1
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`ORDER
`It is ORDERED that Patent Owner’s Request for Adverse Judgment
`under 37 C.F.R. § 42.73(b) with respect to claims 22, 23, 25, 27–29, 32, 33,
`and 35–38 of U.S. Patent No. 8,581,991 B1 is granted; and
`FURTHER ORDERED that claims 22, 23, 25, 27–29, 32, 33, and 35–
`38 of U.S. Patent No. 8,581,991 B1 shall be cancelled under 35 U.S.C.
`§ 318(b).
`
`
`PETITIONER:
`Joshua Larsen
`Steven Shipe
`Jeffrey C. Morgan
`Jeffrey M. Barron
`Barnes & Thornburg LLP
`joshua.larsen@btlaw.com
`steven.shipe@btlaw.com
`jeff.morgan@btlaw.com
`jeff.barron@btlaw.com
`
`PATENT OWNER:
`
`C. Andrew IM
`IM IP LAW PLLC
`docket@imiplaw.com
`
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`3
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