Wednesday, September 02, 2015

Blue Origin seeks/obtains cancellation of claims 1-13 in IPR2014-01376 related to Blue Origin's US 8,678,321

From Paper 12 in IPR2014-01376 :

A patent owner may
request judgment against itself “at any time
during a proceeding” upon cancellation of th
e particular claims at issue such
that there is “no remaining claim in the trial.”
37 C.F.R. § 42.73(b)(2).

Here, Blue Origin has requested cancellation of all the claims on which trial
was instituted, hence, no claims will remain
for trial. Paper 11. In view of
the cancellation of claims 1–13 of the
’321 patent, the entry of final
judgment adverse to Blue Origin is appropriate.

The IPR was filed by Space Exploration Technologies Co
rp. (“SpaceX”).

**Separately, note that ex parte re-examinations are
still being successfully done:


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