Takeaway: Failing to file a patent owner response, without more, does not justify entry of adverse judgment against patent owner. Also, attorneys remain counsel until a motion to withdraw has been filed and granted.

In this Order, the Board refused to authorize a conference call to discuss whether Patent Owner failing to file a Patent Owner Response constitutes abandonment of the contest justifying an award of judgment to Petitioner. The Board explained that failure to file a patent owner response does not justify entry of adverse judgment. Also, Patent Owner’s counsel had sent an email to the Board stating that they were no longer counsel for Patent Owner. However, the Board put them on notice that they remain counsel for Patent Owner until a motion to withdraw has been filed and granted.

Mobotix Corp. v. e-Watch, IPR2013-00498
Paper 15: Order on Conduct of Proceeding
Dated: June 13, 2014
Patent 7,023,913
Before: Jameson Lee, Michael W. Kim, and Matthew R. Clements
Written by: Lee