Kenneth W. Eiden, III

Patent Trials and Appeals Board

Jul 24, 2020

DER2016-00001 (P.T.A.B. Jul. 24, 2020)

Trials@uspto.gov Paper 9
Tel: 571-272-7822 Entered: July 24, 2020
UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

OREN TECHNOLOGIES, LLC,
Petitioner Application No. 14/882,973,
Petitioner
v.
KENNETH EIDEN, III, BRIAN ANDREW HUNTER,
MATHEW CARLEY, TIMOTHY STEFAN,
MARK D’AGOSTINO, and SCOTT D’AGOSTINO,
Respondent Patent No. 9,758,082 B2,
Respondent.

DER2016-00001

Before SALLY C. MEDLEY, JONI Y. CHANG, and JOSIAH C. COCKS,
Administrative Patent Judges.

CHANG, Administrative Patent Judge.

DECISION
Dismissing Petition
37 C.F.R. § 42.71
DER2016-00001
Petitioner Application No. 14/882,973
Respondent Patent No. 9,758,082 B2

2
On October 15, 2015, Petitioner filed a Petition (Paper 1) based upon
Application No. 14/882,973 (“Petitioner’s ’973 application”) to institute a
derivation proceeding under 35 U.S.C. § 135, with respect to Application
No. 14/249,420 (“Respondent’s ’420 application”), which has been
published as Patent Application Publication No. 2014/0305769 A1
(Respondent’s ’769 publication), and issued as Patent No. 9,758,082
(“Respondent’s ’082 patent”).
As noted in our prior Order (Paper 8), a Final Office Action was
entered in Petitioner’s ’973 application on July 23, 2019, setting forth a
six-month statutory period for reply. Ex. 3001 (Final Office Action).
Subsequently, the Office entered a Notice of Abandonment on
February 28, 2020, after the six-month statutory period has expired.
Ex. 3002 (Notice of Abandonment). Petitioner’s ’973 application is
abandoned in view of Petitioner’s failure to timely file a proper reply to the
Final Office Action. Id. at 2. A brief review of the Office records shows
that Petitioner has not filed a continuing application.
On April 1, 2020, we issued an Order requiring Petitioner to show
cause why, in light of such circumstance, the Petition should not be
dismissed. Paper 8. Our Order provided Petitioner 30 days to respond. Id.
at 4. This time period has expired and we have received no response to our
Order. Petitioner’s ’973 application stands abandoned. Based on the facts
of this proceeding, it is appropriate to dismiss the Petition.
ORDER
Accordingly, it is ORDERED that the Petition is dismissed, and the
instant proceeding is terminated.
DER2016-00001
Petitioner Application No. 14/882,973
Respondent Patent No. 9,758,082 B2

3
For PETITIONER:

Jeffrey S. Whittle
Jason D. Lohr

HOGAN LOVELLS US LLP
jeffrey.whittle@hoganloveUs.com
jason.lohr@hoganloveHs.com

For RESPONDENT:

Christopher R. Liro
Aaron T. Olejniczak

ANDRUS INTELLECTUAL PROPERTY LAW, LLP
chris.liro@andruslaw.com
aarono@andruslaw.com