Westway Feed Products, LLCv.Pellet Technology LLC

Patent Trial and Appeal Board

Mar 5, 2016

13341319 (P.T.A.B. Mar. 5, 2016)

Trials@uspto.gov Paper No. 12
571-272-7822 Entered: March 4, 2016

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

WESTWAY FEED PRODUCTS, LLC,
Petitioner,

v.

PELLET TECHNOLOGY USA, LLC,
Patent Owner.
____________

Case: IPR2015-01621
U.S. Patent No. 8,551,549 B2
____________

Before GRACE KARAFFA OBERMANN, JO-ANNE M. KOKOSKI, and
MICHELLE N. ANKENBRAND, Administrative Patent Judges.

ANKENBRAND, Administrative Patent Judge.

JUDGMENT AND FINAL WRITTEN DECISION
35 U.S.C. § 318(a) and 37 C.F.R. § 42.73(b)
IPR2015-01621
Patent 8,551,549 B2
2

BACKGROUND
On January 22, 2016, we instituted review of claims 23–28 and 30 of
U.S. Patent No. 8,551,549 B2 (“the ’549 patent”). Paper 8. On March 3,
2016, pursuant to Board authorization, see Paper 10, Patent Owner filed a
motion for entry of adverse judgment requesting cancellation of claims 23–
28 and 30 of the ’549 patent and entry of adverse judgment. Paper 11.
Patent Owner represents that Petitioner does not oppose the motion. Id. at 2.
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 has
requested cancellation of each claim for which inter partes review has been
instituted, and thus Patent Owner has no remaining claim in the trial. Id.
§ 42.73(b)(2). Under these circumstances, the entry of judgment adverse to
Patent Owner and cancellation of the claims as requested is appropriate.
CONCLUSION AND ORDER

It is, therefore,
ORDERED that Patent Owner’s request for entry of adverse judgment
is granted;
FURTHER ORDERED that judgment is entered against Patent Owner
under 37 C.F.R. § 42.73(b) with respect to claims 23–28 and 30 of the ’549
patent;
FURTHER ORDERED that this constitutes a final written decision
under 35 U.S.C. § 318(a); and
FURTHER ORDERED that claims 23–28 and 30 of the ’549 patent
are cancelled.
IPR2015-01621
Patent 8,551,549 B2
3

FOR PETITIONER:
Todd E. Albanesi
David L. Joers
BOOTH ALBANESI SCHROEDER, LLC
firm@ipoftexas.com
firm@ipoftexas.com

FOR PATENT OWNER:
Timothy E. Bianchi
Ricardo Moran
SCHWEGMAN LUNDBERG & WOESSNER, P.A.
tbianchi@slwip.com
rmoran@slwip.com