Posted On: 03/17/2015 1:36:51 PM
Post# of 1084
XTRA, XTRA, READ ALL ABOUT IT. US PATENT OFFICE PUBLISHES JUDGEMENT AGAINST DEMENTED. ONE PATENT STRIPPED OF ALL OPERABLE SECTIONS BY US PATENT COURT....REAL ALL ABOUT IT!!!!!!! DEMENTED DID NOT WANT TO DEFEND ITS PATENT AGAINST TMMI PRIOR ART CLAIMS!!!!!!
(PTAB Oct. 24, 2013).
The Order gave further notice to Patent Owner that adverse judgment will be entered against Patent Owner as to the claims upon which trial was instituted absent a showing of good cause. Order 3. On March 9, 2015, Patent Owner advised us via email that:
Patent Owner Dimension, Inc. has not authorized it’s counsel to file a substantive response to the Board’s Order regarding the Conduct of the Proceedings (Paper 19). Consistent with Patent
IPR2014-00804
Patent 8,639,053 B2
3
Owner’s previous statements to the Board, it does not intend to defend its interests in this Proceeding. (Paper 17, pp 1-2). Accordingly, no further submissions from Patent Owner will be made on this issue.
The email states it is not a “substantive response” to the Order. Indeed, the email advises us that Patent Owner “does not intend to defend its interests in this Proceeding.” Patent Owner all but expressly states it is abandoning the contest. See 37 C.F.R. § 42.73(b)(4).
The Order provided Patent Owner notice of the actions the Board would take upon the failure of Patent Owner to show good cause. Patent Owner has not responded to either the Petition or the Order in a manner that would even suggest, in any way, that Patent Owner is not abandoning the contest under any standard, let alone good cause. We are aware that Petitioner has an interest in reaching a final resolution, and Patent Owner has not provided any reason, substantive or otherwise, as to any error in our understanding that their actions are tantamount to a request for adverse judgment, despite being provided multiple express opportunities to do so. Therefore, we conclude that entry of an adverse judgment in this case is appropriate.
ORDER
Accordingly, it is:
ORDERED that adverse judgment is entered against Dimension, Inc.
IPR2014-00804
Patent 8,639,053 B2
4
under 37 C.F.R. § 42.73(b)(4); and
FURTHER ORDERED that judgment is herein entered against Dimension, Inc. with respect to claims 1–16 and 22–30 of U.S. Patent No. 8,639,053.
(PTAB Oct. 24, 2013).
The Order gave further notice to Patent Owner that adverse judgment will be entered against Patent Owner as to the claims upon which trial was instituted absent a showing of good cause. Order 3. On March 9, 2015, Patent Owner advised us via email that:
Patent Owner Dimension, Inc. has not authorized it’s counsel to file a substantive response to the Board’s Order regarding the Conduct of the Proceedings (Paper 19). Consistent with Patent
IPR2014-00804
Patent 8,639,053 B2
3
Owner’s previous statements to the Board, it does not intend to defend its interests in this Proceeding. (Paper 17, pp 1-2). Accordingly, no further submissions from Patent Owner will be made on this issue.
The email states it is not a “substantive response” to the Order. Indeed, the email advises us that Patent Owner “does not intend to defend its interests in this Proceeding.” Patent Owner all but expressly states it is abandoning the contest. See 37 C.F.R. § 42.73(b)(4).
The Order provided Patent Owner notice of the actions the Board would take upon the failure of Patent Owner to show good cause. Patent Owner has not responded to either the Petition or the Order in a manner that would even suggest, in any way, that Patent Owner is not abandoning the contest under any standard, let alone good cause. We are aware that Petitioner has an interest in reaching a final resolution, and Patent Owner has not provided any reason, substantive or otherwise, as to any error in our understanding that their actions are tantamount to a request for adverse judgment, despite being provided multiple express opportunities to do so. Therefore, we conclude that entry of an adverse judgment in this case is appropriate.
ORDER
Accordingly, it is:
ORDERED that adverse judgment is entered against Dimension, Inc.
IPR2014-00804
Patent 8,639,053 B2
4
under 37 C.F.R. § 42.73(b)(4); and
FURTHER ORDERED that judgment is herein entered against Dimension, Inc. with respect to claims 1–16 and 22–30 of U.S. Patent No. 8,639,053.
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