T M M Inc (TMMI)

[TMMI Believer]

Adverse Judgment under 37 C.F.R. § 42.73(b).
Under 37 C.F.R. § 42.73(b) the following actions, inter alia, are construed as a Request for Adverse Judgment:
? “Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial,” 37 C.F.R. § 42.73(b)(2); and
? “Abandonment of the contest,” 37 C.F.R. § 42.73(b)(4).
In its response, Patent Owner took at least two actions that constitute a Request for Adverse Judgment under 37 C.F.R. § 42.73(b). First, Patent Owner canceled all of the claims involved in the IPR such that there is no remaining claim in the trial. See Patent Owner’s Response (Paper 17) at 1-2; 37 C.F.R. § 42.73(b)(2). Second, Patent Owner stated its decision to abandon the contest. See Patent Owner’s Response (Paper 17) at 1-2 (“Patent Owner, has elected ... not to defend its interests in this Proceeding.”); 37 C.F.R. § 42.73(b)(4). For at least these reasons, it is proper to construe Patent Owner’s Response (Paper 17) as a Request for Adverse Judgment under 37 C.F.R. § 42.73(b).
1
Given the foregoing, Petitioner respectfully requests that the Board:
(1) Grant Patent Owner’s Request for Adverse Judgment;
(2) Enter judgment against Patent Owner with respect to claims 1-16 and
22-30 of U.S. Patent No. 8,639,053; and
(3) Issue a certificate canceling claims 1-16 and 22-30 of U.S. Patent No.
8,639,053 pursuant to 37 C.F.R. § 42.80.

Gee wonder what that means to the over all patent
Oh My