Samsung Electronics Co., Ltd.v.Virginia Innovation Sciences, Inc.Download PDFPatent Trial and Appeal BoardSep 16, 201413067079 (P.T.A.B. Sep. 16, 2014) Copy Citation Trials@uspto.gov Paper No. 10 571-272-7822 Paper 24 Date Entered: September 16, 2014 UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ SAMSUNG ELECTRONICS CO., LTD., Petitioner, v. VIRGINIA INNOVATION SCIENCES, INC., Patent Owner. ____________ Case IPR2013-00571 1 Patent 8,135,398 B2 ____________ Before MICHAEL W. KIM, BRIAN J. McNAMARA, and MATTHEW R. CLEMENTS, Administrative Patent Judges. McNAMARA, Administrative Patent Judge. ORDER GRANTING REQUEST FOR ADVERSE JUDGMENT 37C.F.R. § 42.73(b)(2) 1 Case IPR2014-00557 has been joined with this proceeding Case IPR2013-00571; IPR2014-00557 Patent 8,135,398 B2 2 In IPR2013-00571, we instituted a trial based on Samsung Electronics Co., Ltd.’s (“Petitioner’s”) challenges to claims 15, 55, 57, and 60-62 of U.S. Patent No. 8,135,398 B2 (“the ’398 Patent”). Paper 14. On June 13, 2014, in IPR2014- 00557, we instituted trial on claims 58 and 63 of the ’398 Patent and joined IPR2014-00557 to IPR2013-00571. Paper 22; IPR2014-00557, Paper 10. On September 11, 2014, Virginia Innovation Sciences, Inc. (“Patent Owner”) filed a Request For Adverse Judgment in which it cancelled claims 15, 55, 57, 58, and 60-63 of the ’398 Patent. Paper 23. A party may request judgment against itself at any time during a proceeding, including by cancelling claims, such that the party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner has cancelled all the claims challenged in these joined proceedings. In consideration of the above, it is ORDERED that Patent Owner’s request for adverse judgment in IPR2013- 00571 and IPR2014-00557 is GRANTED and judgment is entered against Patent Owner in each proceeding; FURTHER ORDERED that claims 15, 55, 57, 58, and 60-63 of the ’398 Patent are CANCELLED; and FURTHER ORDERED that IPR2013-00571 and IPR2014-00557 are terminated. Case IPR2013-00571; IPR2014-00557 Patent 8,135,398 B2 3 For PETITIONER: Joseph Presta Updeep Gill Nixon & Vanderhye P.C. JSP@nixonvan.com usg@nixonvan.com For PATENT OWNER: D. Richard Anderson George Dolina Birch, Stewart, Kolasch & Birch LLP dra@bskb.com gsd@bskb.com Copy with citationCopy as parenthetical citation
