Cequent Performance Products, Inc.v.Hopkins Manufacturing CorporationDownload PDFPatent Trial and Appeal BoardDec 11, 201510408500 (P.T.A.B. Dec. 11, 2015) Copy Citation Trials@uspto.gov Paper 15 Tel: 571-272-7822 Entered: December 11, 2015 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD CEQUENT PERFORMANCE PRODUCTS, INC., Petitioner, v. HOPKINS MANUFACTURING CORPORATION, Patent Owner. ____________ Case IPR2015-00605 Patent 6,837,551 B2 ____________ Before KEN B. BARRETT, WILLIAM V. SAINDON, and BARRY L. GROSSMAN, Administrative Patent Judges. BARRETT, Administrative Patent Judge. JUDGMENT Request for Adverse Judgment 37 C.F.R. § 42.73 IPR2015-00605 Patent 6,837,551 B2 2 On August 17, 2015, we instituted an inter partes review of claims 1– 8 of U.S. Patent No. 6,837,551 B2. Paper 7. In an email on November 30, 2015 (10:52 a.m.), Petitioner requested a teleconference with the Board “to discuss the status of the proceeding based on the expired November 16, 2016 [sic, 2015], deadline for patent owner to file its response.” We declined the request for a conference call and, instead, issued an Order requiring Patent Owner to file a paper indicating whether it is abandoning the contest. Paper 13. On December 7, 2015, Patent Owner filed a Notice stating: “patent owner abandons this contest and acknowledges that such abandonment will lead to cancellation of the claims involved in this inter partes review.” Paper 14. A party may request judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Pursuant to 37 C.F.R. § 42.73(b)(4), “[a]bandonment of the contest” is construed as a request for adverse judgment. Accordingly, we interpret Patent Owner’s Notice as a request for adverse judgment. Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims is appropriate. Accordingly, it is: ORDERED that Patent Owner’s request for adverse judgment under 37 C.F.R. § 42.73(b) with respect to claims 1–8 of U.S. Patent No. 6,837,551 B2 is granted; and FURTHER ORDERED that claims 1–8 of U.S. Patent No. 6,837,551 B2 shall be canceled. IPR2015-00605 Patent 6,837,551 B2 3 PETITIONER: David Cupar dcupar@mcdonaldhopkins.com Matthew J. Cavanagh mcavanagh@mcdonaldhopkins.com PATENT OWNER: Scott Brown jcrawford@hoveywilliams.com Matthew Walters mwalters@hoveywilliams.com Copy with citationCopy as parenthetical citation
