MaxMind, Inc.v.Fraud Control Systems.Com Corporation

Patent Trial and Appeal Board

Dec 17, 2015

12255899 (P.T.A.B. Dec. 17, 2015)

Trials@uspto.gov Paper 15
Tel: 571-272-7822 Entered: December 17, 2015

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

MAXMIND, INC.,
Petitioner,
v.
FRAUD CONTROL SYSTEMS.COM CORPORATION,
Patent Owner.

Case CBM2015-00094
Patent 8,630,942 B2

Before JAMES P. CALVE, RAMA G. ELLURU, and JAMES A. WORTH,
Administrative Patent Judges.
WORTH, Administrative Patent Judge.

JUDGMENT AND FINAL WRITTEN DECISION
35 U.S.C. § 318(a) and 37 C.F.R. § 42.73(b)
CBM2015-00094
Patent 8,630,942 B2
2
BACKGROUND
Petitioner requested post-grant review of claims 1–30 of U.S. Patent
No. 8,630,942 B2 (Ex. 1001, “the ’942 patent”) under the transitional
program for review of covered business method patents. Paper 1. The
Board granted the Petition and instituted covered business method review of
all challenged claims. Paper 7. On December 9, 2015, Patent Owner filed a
Request for Adverse Judgment under 37 C.F.R. § 42.73 (Paper 13,
“Request”), with authorization from the Board. In the Request, Patent
Owner requests cancellation of claims 1–30 of the ’942 patent and entry of
adverse judgment in this proceeding pursuant to 37 C.F.R. § 42.73(b)(2).
On December 15, 2015, Petitioner filed a response in which it states that it
does not oppose cancellation of claims 1–30 of the ’942 patent. Paper 14.
DISCUSSION
A party may request entry of adverse judgment against itself at any
time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner
requests adverse judgment with cancellation of claims 1–30 of the ’942
patent. Under these circumstances, entry of judgment adverse to the Patent
Owner and cancellation of claims 1–30 of the ʼ942 patent are appropriate.

CONCLUSION AND ORDER
Patent Owner’s Request to Abandon Contest is granted.
It is, therefore,
ORDERED that adverse judgment against the Patent Owner is entered
under 37 C.F.R. § 42.73(b);
FURTHER ORDERED that this constitutes a final written decision
under 35 U.S.C. § 318(a); and
CBM2015-00094
Patent 8,630,942 B2
3
FURTHER ORDERED that claims 1–30 of U.S. Patent No. 8,630,942
B2 be CANCELLED.

CBM2015-00094
Patent 8,630,942 B2
4
PETITIONER:

Anthony H. Son
Sean S. Wooden
ANDREWS KURTH LLP
AnthonySon@andrewskurth.com
SeanWooden@andrewskurth.com

PATENT OWNER:

Brent N. Bumgardner
Steven B. Latimer
NELSON BUMGARDNER, P.C.
brent@nelbum.com
brannon@nelbum.com
ccfcc_cbm@nelbum.com