Taiwan Semiconductor Manufacturing Company, Ltd.v.Ziptronix, Inc.

Patent Trial and Appeal Board

Nov 4, 2014

09635272 (P.T.A.B. Nov. 4, 2014)

Trials@uspto.gov Paper 19
571-272-7822 Date: November 4, 2014

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

TAIWAN SEMICONDUCTOR MANUFACTURING
COMPANY, LIMITED and
TSMC NORTH AMERICA CORPORATION,
Petitioner,

v.

ZIPTRONIX, INC.,
Patent Owner.
____________

Case IPR2014-00114
Patent 6,563,133 B1
____________

Before KEVIN F. TURNER, JAMES B. ARPIN, and
JAMES A. TARTAL, Administrative Patent Judges.

TURNER, Administrative Patent Judge

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

Cased IPR2014-00114
Patent 6,563,133 B1

2

BACKGROUND
On May 1, 2014, we instituted this inter parte review of claims 1-14 and
53-60 of U.S. Patent No. 6,563,133 B1. Paper 14. On July 1, 2014, Patent Owner
filed its Patent Owner’s Response to the Petition, Paper 18, requesting adverse
judgment pursuant to 37 C.F.R. § 42.73(b), with respect to the claims that are the
subject of this instant proceedings. Petitioner has not filed any reply to the Patent
Owner’s Response, or any request for rehearing of the Decision on Institution.

DISCUSSION
A party may request entry of adverse judgment against itself at any time
during a proceeding. 37 C.F.R. § 42.73(b). Patent Owner already has conceded
that the requested judgment will effectively cancel the claims identified for trial
and moot this proceeding, and has no pending motion to amend claims. The
deadline for filing such a motion has passed. See Paper 15. Under these
circumstances, the request for entry of adverse judgment is appropriate.

ORDER
It is
ORDERED that Patent Owner’s request for adverse judgment for under 37
C.F.R. § 42.73(b) with respect to claims 1-14 and 53-60 of U.S. Patent No.
6,563,133 B1 is GRANTED; and,
ORDERED that judgment is entered herein against Patent Owner with
respect 1-14 and 53-60 of U.S. Patent No. 6,563,133 B1.

Cased IPR2014-00114
Patent 6,563,133 B1

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For PETITIONER:
Steven H. Slater
Roger C. Knapp
SLATER & MATSIL, L.L.P.
slater@slater-matsil.com
knapp@slater-matsil.com

For PATENT OWNER:
Carl E. Schlier
Scott A. McKeown
OBLON, SPIVAK, McCLELLAND, MAIER & NEUSTADT, L.L.P.
CPdocketSchlier@oblon.com
CPdocketMcKeown@oblon.com