09372024 (P.T.A.B. Jan. 7, 2016)

Verizon Services Corp.v.AIP ACQUISITION, LLC

Patent Trial and Appeal BoardJan 7, 2016

09372024 (P.T.A.B. Jan. 7, 2016)

Trials@uspto.gov Paper No. 17 571.272.7822 Entered: January 7, 2016 UNITED STATES PATENT AND TRADEMARK OFFICE _______________ BEFORE THE PATENT TRIAL AND APPEAL BOARD _______________ VERIZON SERVICES CORP., CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS, VERIZON BUSINESS NETWORK SERVICES INC., AT&T CORP., AT&T MOBILITY LLC, and AT&T SERVICES INC. Petitioner, v. AIP ACQUISITION LLC, Patent Owner. _______________ Case IPR2015-01104 Patent 6,496,579 B1 _______________ Before JAMESON LEE, HOWARD B. BLANKENSHIP, and JUSTIN BUSCH, Administrative Patent Judges. LEE, Administrative Patent Judge. JUDGMENT Request for Adverse 37 C.F.R. § 42.73(b)(2) IPR2015-01104 Patent 6,496,579 B1 2 On October 15, 2015, we instituted inter partes review on claims 1–3, 5, 6, and 9 of U.S. Patent No. 6,496,579 (“the ’579 patent”). Paper 11. Patent Owner, on November 19, 2015, requested “cancellation of all claims for which trial was instituted in this proceeding.” Paper 15. Petitioner filed a paper, on November 25, 2015, to indicate that it does not oppose Patent Owner’s requested cancellation of claims 1–3, 5, 6, and 9. Paper 16. Per 37 C.F.R. § 42.73(b)(2), among the actions construed to be a request for entry of adverse judgment is the cancellation of a claim such that the party has no remaining claim in the trial. Because Patent Owner requests cancellation of all claims for which trial was instituted, we construe the request as a request for entry of adverse judgment. Patent Owner’s request is granted. ORDER It is ORDERED that judgment is herein entered against the Patent Owner; FURTHER ORDERED that claims 1–3, 5, 6, and 9 of the ’579 patent will be cancelled; and FURTHER ORDERED that this is a Final Written Decision under 35 U.S.C. § 318(a) and that parties to the proceeding seeking judicial review of the decision must comply with the notice and service requirements of 37 C.F.R. § 90.2. IPR2015-01104 Patent 6,496,579 B1 3 For PETITIONER: Patrick D. McPherson John M. Baird DUANE MORRIS LLP pdmcpherson@duanemorris.com jmbaird@duanemorris.com Nagendra Setty George L. Kanabe Don Daybell ORRICK HERRINGTON & SUTCLIFFE LLP n13ptabdocket@orrick.com For PATENT OWNER: Chi Eng ENG LAW FIRM chi@englawfirm.com Alfred W. Froebrich LUCAS & MERCANTI, LLP afroebrich@lmiplaw.com

Verizon Services Corp. v. AIP ACQUISITION, LLC