Lighthouse Consulting Group LLCDownload PDFPatent Trials and Appeals BoardSep 2, 2020IPR2020-00194 (P.T.A.B. Sep. 2, 2020) Copy Citation Trials@uspto.gov Paper 19 571-272-7822 Entered: September 2, 2020 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD UNIFIED PATENTS, LLC, Petitioner, v. LIGHTHOUSE CONSULTING GROUP LLC, Patent Owner. IPR2020-00194 Patent 8,590,940 B2 Before KEVIN F. TURNER, MEREDITH C. PETRAVICK, and JENNIFER S. BISK, Administrative Patent Judges. PETRAVICK, Administrative Patent Judge. JUDGMENT Granting Request for Adverse Judgment After Institution of Trial 37 C.F.R. § 42.73(b) IPR2020-00194 Patent 8,590,940 B2 2 “A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . . (4) Abandonment of the contest.” 37 C.F.R. § 42.73(b)(4). A conference call was held on August 31, 2020, between counsel for the parties and Judges Turner, Petravick, and Bisk. During the call, Patent Owner stated that it was intentionally not filing a Patent Owner’s response, it was abandoning the contest in this proceeding, and it was aware that abandonment of the contest would result in adverse judgment. See Ex. 3001 (Patent Owner’s email seeking a conference call because “it elects not to file a response”). Patent Owner did not file a Patent Owner’s response or a motion to amend in this inter partes review by the September 1, 2020 deadline, set in the Scheduling Order (Paper 17). Patent Owner has abandoned this contest. Abandonment of the contest is construed as a request for adverse judgment. Pursuant to 37 C.F.R. § 42.73(b)(4), this proceeding is terminated and adverse judgment is entered against the Patent Owner. Accordingly, it is: ORDERED that adverse judgment is entered, under 37 C.F.R. § 42.73(b)(4), against Patent Owner and in favor of Petitioner; FURTHER ORDERED that claims 1–10 of U.S. Patent No. 8,590,940 B2 be cancelled; and FURTHER ORDERED that this inter partes review is terminated. IPR2020-00194 Patent 8,590,940 B2 3 In summary: For PETITIONER: Raghav Bajaj David M. O’Dell Jonathan R. Bowser Angela Oliver HAYNES AND BOONE, LLP Raghav.bajaj.ipr@haynesboone.com David.odell.ipr@haynesboone.com Jon.bowser.ipr@haynesboone.com Angela.oliver@haynesboone.com Alyssa J. Holtslander Roshan Mansinghani Ashraf Fawzy UNIFIED PATENTS INC. alyssa@unifiedpatents.com roshan@unifiedpatents.com afawzy@unifiedpatents.com For PATENT OWNER: Hao Ni Neal Massand Timothy Wang NI, WANG & MASSAND, PLLC hni@nilawfirm.com nmassand@nilawfirm.com twang@nilawfirm.com Claims Reference(s)/Basis Claims Shown Unpatentable Claims Not shown Unpatentable 1–10 abandonment of contest 1–10 Overall Outcome 1–10 Copy with citationCopy as parenthetical citation
