Hewlett-Packard Companyv.YYZ LLC

Patent Trial and Appeal Board

Dec 16, 2015

09737494 (P.T.A.B. Dec. 16, 2015)

Trials@uspto.gov Paper 16
571-272-7822 Entered: December 16, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

HEWLETT-PACKARD COMPANY,
Petitioner,

v.

YYZ LLC,
Patent Owner.
____________

Case CBM2015-00049 (Patent 7,062,749 B2)
Case CBM2015-00050 (Patent 7,603,674 B2)
____________

Before THOMAS L. GIANNETTI, RICHARD E. RICE, and
MICHAEL L. WOODS, Administrative Patent Judges.

RICHARD E. RICE, Administrative Patent Judge.

JUDGMENT AND FINAL WRITTEN DECISION
Abandonment of the Contest
35 U.S.C. § 328(a) and 37 C.F.R. § 42.73(b)(4)

This case is before the Board on Petitioner’s motion for adverse
judgment under 37 C.F.R. § 42.73(b). Paper 15.
In CBM2015-00049, Petitioner filed a Petition (Paper 1) requesting
covered business method patent review of claims 22, 23, and 27–29 of U.S.
Patent No. 7,062,749 B2; and in CBM2015-00050, Petitioner filed a Petition
CBM2015-00049 (Patent 7,062,749 B2)
CBM2015-00050 (Patent 7,603,674 B2)

2
(Paper 2) requesting covered business method patent review of claims 51,
52, and 55–57 of U.S. Patent No. 7,603,674 B2. The Board granted both
Petitions and instituted covered business method patent reviews of all
challenged claims on June 30, 2015. Paper 9.
1
On December 2, 2015, the
Board issued an Order authorizing Petitioner to file a motion seeking
adverse judgment. Paper 14. Petitioner filed an “Unopposed Motion for
Entry of Adverse Judgment against Patent Owner pursuant to 37 C.F.R.
§ 42.73(b)” (“Motion”) on December 3, 2015. Paper 15. The Motion states
that “Patent Owner has not filed its trial response to the petition, and has
acknowledged through counsel that it would be taking no further action in
the subject CBM proceedings, CBM2015-00049 and CBM2015-00050.”
Paper 15, 1. The Motion also states that “Patent Owner has confirmed
through counsel that it has abandoned the subject CBM proceedings.” Id.
(citing Paper 14, 2).
Under 37 C.F.R. § 42.73(b)(4), a party may request judgment against
itself at any time during a proceeding. Actions construed to be a request for
such an adverse judgment include abandonment of the contest. We find that
Patent Owner’s actions and admissions, as set forth in the Motion, constitute
abandonment of these CBM Proceedings, and we determine based on such
abandonment that Patent Owner has requested adverse judgment under 37
C.F.R. § 42.73(b)(4) in both proceedings.

1
Similar papers were filed in each proceeding. Citations are to papers filed
in CBM2015-00049 unless otherwise indicated.
CBM2015-00049 (Patent 7,062,749 B2)
CBM2015-00050 (Patent 7,603,674 B2)

3
Accordingly, it is hereby
ORDERED that Petitioner’s Unopposed Motions for Entry of
Adverse Judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b), in
CBM2015-00049 and CBM2015-00050, are GRANTED;
FURTHER ORDERED that this Order constitutes a final written
decision under 35 U.S.C. § 328(a) in CBM2015-00049 and CBM2015-
00050;
FURTHER ORDERED that Patent Owner’s request under 37 C.F.R.
§ 42.73(b)(4) for adverse judgment in CBM2015-00049 is GRANTED;
FURTHER ORDERED that Patent Owner’s request under 37 C.F.R.
§ 42.73(b)(4) for adverse judgment in CBM2015-00050 is GRANTED;
FURTHER ORDERED that claims 22, 23, and 27–29 of U.S. Patent
No. 7,062,749 B2 be CANCELLED; and
FURTHER ORDERED claims 51, 52, and 55–57 of U.S. Patent No.
7,603,674 B2 be CANCELLED.

CBM2015-00049 (Patent 7,062,749 B2)
CBM2015-00050 (Patent 7,603,674 B2)

4
For PETITIONER:

Brian S. Mudge
Adeel Haroon
KENYON & KENYON LLP
1500 K Street, NW
Washington, DC 20005-1257
bmudge@kenyon.com
aharoon@kenyon.com

For PATENT OWNER

Julie Chovanes
Chovanes Law LLC
Suite 329
5 Great Valley Parkway
Malvern, PA 19355
jchovanes@chovanes.com