In its Decision, the Board granted Patent Owner’s motion (i) to withdraw Patent Owner’s Motion to Amend Claims, (ii) to cancel claims 1-6 of the ’641 patent, which were all of the claims in this IPR, and (iii) to enter an adverse judgment. Under 35 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Upon granting judgment, the Board also lifted the stay on a co-pending ex parte reexamination proceeding, filed as a supplemental examination, for necessary action consistent with the orders of the Board in the IPR.

Invue Security Products, Inc. v. Merchandising Technologies, Inc., IPR 2013-00122
Paper 49: Grant of Request for Adverse Judgment
Dated: March 21, 2014
Patent 7,909,641 B1
Before: Josiah C. Cocks, Jennifer S. Bisk, and Georgianna W. Braden
Written by: Braden