IPR2021-00489 (P.T.A.B. Dec. 17, 2021)

WILLIS ELECTRIC CO., LTD.

Patent Trials and Appeals BoardDec 17, 2021

IPR2021-00489 (P.T.A.B. Dec. 17, 2021)

Trials@uspto.gov Paper 12 571-272-7822 Date: December 17, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD POLYGROUP SERVICES N.A., INC., Petitioner, v. WILLIS ELECTRIC CO., LTD., Patent Owner. IPR2021-00489 Patent 9,671,097 B2 Before DEBRA K. STEPHENS, STACEY G. WHITE, and JEFFREY W. ABRAHAM, Administrative Patent Judges. ABRAHAM, Administrative Patent Judge. JUDGMENT Granting Request for Adverse Judgment After Institution of Trial 37 C.F.R. § 42.73(b) IPR2021-00489 Patent 9,671,097 B2 2 I. INTRODUCTION A. Background and Summary Polygroup Services N.A., Inc. (“Petitioner”) filed a petition for inter partes review (Paper 1) challenging claims 1–6, 9–11, and 15–20 of U.S. Patent 9,671,097 B2 (Ex. 1001 (“the ’097 Patent”)). Willis Electric Co., Ltd. (“Patent Owner”) timely filed a Preliminary Response (Paper 7). On August 6, 2021, we instituted an inter partes review with respect to all grounds of unpatentability asserted in the Petition. Paper 8. On October 27, 2021, with our authorization, Patent Owner filed an Unopposed Motion for Adverse Judgment pursuant to 37 C.F.R. § 42.73(b). Paper 11. II. DISCUSSION Under 37 C.F.R. § 42.73(b), “[a] party may request judgment against itself at any time during a proceeding.” As permitted by this Rule, Patent Owner has explicitly asked the Board to enter adverse judgment against Patent Owner under 37 C.F.R. § 42.73(b). Paper 11, 1. Having reviewed Patent Owner’s unopposed request for adverse judgment, we determine that entry of judgment against Patent Owner is appropriate. Thus, we grant the request for adverse judgment pursuant to 37 C.F.R. § 42.73(b). III. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner and this inter partes review is terminated pursuant to 37 C.F.R. § 42.73(b). IPR2021-00489 Patent 9,671,097 B2 3 FOR PETITIONER: Trenton Ward Jason Stach Brooke M. Wilner FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP trenton.ward@finnegan.com jason.stach@finnegan.com brooke.wilner@finnegan.com FOR PATENT OWNER: John P. Fonder Douglas J. Christensen CHRISTENSEN, FONDER, DARDI & HERBERT, PLLC fonder@cfd-ip.com christensen@cfd-ip.com Timothy E. Bianchi SCHWEGMAN, LUNDBERG & WOESSNER, P.A. tbianchi@slwip.com