New Bay Capital, LLCv.Virnetx, Inc.

Patent Trial and Appeal Board

Nov 12, 2013

10259494 (P.T.A.B. Nov. 12, 2013)

Trials@uspto.gov Paper 17
571-272-7822 Date: November 12, 2013

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

NEW BAY CAPITAL, LLC
Petitioner

v.
VIRNETX, INC.
Patent Owner
____________

Case IPR2013-00376 (Patent 7,490,151 B2)
____________

Before SALLY C. MEDLEY, MICHAEL P. TIERNEY, KARL D. EASTHOM,
and STEPHEN C. SIU, Administrative Patent Judges.

MEDLEY, Administrative Patent Judge.

JUDGMENT
Termination of the Proceeding
37 C.F.R. § 42.73

On November 6, 2013, Petitioner New Bay Capital, LLC (“New Bay”) filed
an unopposed motion to terminate this proceeding, representing that New Bay is
abandoning the contest. Paper 16 at 1. New Bay’s abandonment of the contest is
construed as a request for entry of adverse judgment. 37 C.F.R. § 42.73(b)(4); see

2

also 35 U.S.C. § 325(d) (describing effects of “the same or substantially the same
prior art or arguments previously . . . presented to the Office”).
This case is in the preliminary proceeding stage; no institution of a trial has
been made.1 Based on the facts of this case, it is appropriate to enter judgment.2
Therefore, the motion to terminate the proceeding is granted.
Accordingly, it is
ORDERED that New Bay’s unopposed motion to terminate is granted;
FURTHER ORDERED that the proceeding is terminated.

1 A preliminary proceeding begins with the filing of a petition for instituting a trial
and ends with a written decision as to whether a trial will be instituted. 37 C.F.R.
§ 42.2.
2 A judgment means a final written decision by the Board, or a termination of a
proceeding. 37 C.F.R. § 42.2.

3

For PETITIONER:
Robert M. Asher
rasher@sunsteinlaw.com

Jeffrey T. Klayman
jklayman@sunsteinlaw.com

For PATENT OWNER:

Joseph E. Palys
joseph.palys@finnegan.com

Naveen Modi
naveen.modi@finnegan.com