Christie Digital Systems USA, Inc.v.Cascades Projection LLC

Patent Trial and Appeal Board

Dec 16, 2015

10115279 (P.T.A.B. Dec. 16, 2015)

Trials@uspto.gov Paper 21
571.272.7822 Entered: December 16, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

CHRISTIE DIGITAL SYSTEMS USA, INC.,
Petitioner,

v.
CASCADES PROJECTION LLC,
Patent Owner.

Case IPR2015-01342
Patent 7,688,347 B2

Before HOWARD B. BLANKENSHIP, THOMAS L. GIANNETTI, and
ROBERT L. KINDER, Administrative Patent Judges.

BLANKENSHIP, Administrative Patent Judge.

JUDGMENT
Terminating the Proceeding
37 C.F.R. § 42.73

IPR2015-01342
Patent 7,688,347 B2

2
Petitioner filed a request for inter partes review of claims 1, 17–19,
27, 28, 60, 61, 68, and 71–73 of U.S. Patent No. 7,688,347 B2. Paper 1.
Patent Owner filed a preliminary response in which it stated that it had filed
a statutory disclaimer for claims 1, 18, 19, 27, 28, 60, and 71–73. Paper 10,
2; Ex. 2002.
Subsequent to filing of the preliminary response, Patent Owner filed a
paper (Paper 19) requesting adverse judgment because it has filed a statutory
disclaimer for the remaining claims challenged in this proceeding (17, 61,
and 68). Ex. 2011. Petitioner does not oppose entry of adverse judgment as
to Patent Owner.
Under 37 C.F.R. § 42.73(b), a party may request judgment against
itself at any time during a proceeding. Actions construed as a request for
entry of adverse judgment include “[c]ancellation or disclaimer of a claim
such that the party has no remaining claim in the trial” (37 C.F.R
§ 42.73(b)(2)). No claim remains to be adjudicated in this proceeding.

ORDER
Accordingly, it is
ORDERED that adverse judgment is entered against Patent Owner
with respect to claims 1, 17–19, 27, 28, 60, 61, 68, and 71–73 of the ’347
patent; and
FURTHER ORDERED that this proceeding is terminated.
IPR2015-01342
Patent 7,688,347 B2

3
For Petitioner:
Albin H. Gess
Sina S. Aria
SNELL & WILMER L.L.P.
agess@swlaw.com
saria@swlaw.com

For Patent Owner:

Nick P. Patel
Daniel J. Krueger
KRUEGER ISENLIN, LLP
nick@kipatents.com
dan@kipatents.com