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  • PTAB · Feb 29, 2024 · IPR2023-00848 · APJ Barbara A Parvis · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and entered judgment against Patent Owner on claims 1–11 after abandonment.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Judgment (Paper 14, “Request for Adverse Judgment”), which states “[p]ursuant to 37 C.F.R. § 42.73(b)(4) Patent Owner makes this request for the Board to enter adverse judgment against Patent Owner with respect to claims 1-11” of the ’911 patent. Id. at 1. Patent Owner further states “Patent Owner makes this request because Patent Owner is not filing a Patent Owner Response and is abandoning this proceeding.” Id. Upon review of Patent Owner’s unopposed Request for Adverse Judgment, we grant the request for adverse judgment pursuant to 37 C.F.R. § 42.73(b)(4).” slip op. at 2

    None
    Patents in suitUS 10,931,911
  • PTAB · Mar 4, 2022 · IPR2020-01640 · APJ Jason W Melvin · IPR · Adverse judgment

    The Board granted Patent Owner’s request for adverse judgment and terminated review of challenged claims 2 and 3 after Patent Owner disclaimed them.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Owner indicates that it disclaimed all interest in the challenged claims. Response 1 (citing Ex. 2002 (Disclaimer under 37 C.F.R. § 1.321(a) of claims 2 and 3)). Patent Owner requests adverse judgment. Id.; see 37 C.F.R. § 42.73(b). Because Patent Owner satisfies the regulatory standard, we grant Patent Owner’s request. Accordingly, it is ORDERED that, pursuant to 37 C.F.R. § 42.73(b), inter partes review of claims 2 and 3 of the ’156 patent is terminated.2” slip op. at 2

    None
    Patents in suitUS 7,389,156
  • PTAB · Nov 29, 2021 · PGR2021-00043 · APJ Terrence W Mcmillin · PGR · Adverse judgment

    The Board entered adverse judgment against Patent Owner after it abandoned the contest; claims 1–7 were canceled and the proceeding terminated.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Our rules provide that “[a] party may request judgment against itself at any time during a proceeding.” 37 C.F.R. § 42.73(b). Moreover, certain actions taken by a party, such as “[a]bandonment of the contest,” can be construed as a request for adverse judgment against that party. Id. § 42.73(b)(4). Although we instituted a trial, we have not yet decided the merits of this proceeding. Accordingly, we enter adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) and terminate the trial pursuant to 37 C.F.R. § 42.72. It is: ORDERED that adverse judgment is entered against Patent Owner; FURTHER ORDERED that claims 1–7 of U.S. Patent No. 10,637,264” slip op. at 2

    None
    Patents in suitUS 10,637,264
  • PTAB · Jan 28, 2016 · IPR2015-01841 · APJ Howard B Blankenship · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1, 17, and 61 after their statutory disclaimer, and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Actions construed as a request for entry of adverse judgment include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial” (37 C.F.R § 42.73(b)(2)). No claim remains to be adjudicated in this proceeding. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1, 17, and 61 of the ’347 patent; and FURTHER ORDERED that this proceeding is terminated.” slip op. at 2

    None
    Patents in suitUS 7,688,347
  • PTAB · Dec 16, 2015 · IPR2015-01342 · APJ Howard B Blankenship · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1, 17–19, 27, 28, 60, 61, 68, and 71–73 and terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Actions construed as a request for entry of adverse judgment include “[c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial” (37 C.F.R § 42.73(b)(2)). No claim remains to be adjudicated in this proceeding. ORDER Accordingly, it is ORDERED that adverse judgment is entered against Patent Owner with respect to claims 1, 17–19, 27, 28, 60, 61, 68, and 71–73 of the ’347 patent; and” slip op. at 2

    None
    Patents in suitUS 7,688,347
  • PTAB · Dec 16, 2015 · CBM2015-00050 · APJ Richard E Rice · CBM · Adverse judgment

    The Board granted adverse judgment based on Patent Owner’s abandonment and cancelled claims 51, 52, and 55–57 of U.S. Patent No. 7,603,674 B2.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.73(b)(4), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for such an adverse judgment include abandonment of the contest. We find that Patent Owner’s actions and admissions, as set forth in the Motion, constitute abandonment of these CBM Proceedings, and we determine based on such abandonment that Patent Owner has requested adverse judgment under 37 C.F.R. § 42.73(b)(4) in both proceedings.” slip op. at 2

    None
    Patents in suitUS 7,603,674
  • PTAB · Dec 16, 2015 · CBM2015-00049 · APJ Richard E Rice · CBM · Adverse judgment

    The Board granted adverse judgment based on Patent Owner’s abandonment and ordered claims 22–23, 27–29 of the ’749 patent and claims 51–52, 55–57 of the ’674 patent cancelled.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 37 C.F.R. § 42.73(b)(4), a party may request judgment against itself at any time during a proceeding. Actions construed to be a request for such an adverse judgment include abandonment of the contest. We find that Patent Owner’s actions and admissions, as set forth in the Motion, constitute abandonment of these CBM Proceedings, and we determine based on such abandonment that Patent Owner has requested adverse judgment under 37 C.F.R. § 42.73(b)(4) in both proceedings.” slip op. at 2

    None
    Patents in suitUS 7,062,749
  • PTAB · Sep 28, 2015 · CBM2015-00024 · APJ Thomas L Giannetti · CBM · Adverse judgment

    The Board entered adverse judgment against Patent Owner and ordered claims 1–18 cancelled after Patent Owner requested to abandon the contest.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has requested to abandon the contest, which is construed as a request for adverse judgment. 37 C.F.R. § 42.73(b)(4). Under these circumstances, entry of judgment adverse to the Patent Owner and cancellation of claims 1–18 of the ʼ917 patent are appropriate.” slip op. at 2

    None
    Patents in suitUS 8,494,917
  • PTAB · Jun 10, 2015 · IPR2014-01357 · APJ Thomas L Giannetti · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner at its request and cancelled claims 1–4, 16, and 26.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has requested cancellation of each claim for which inter partes review has been instituted, and thus Patent Owner has no remaining claim in the trial. Id. § 42.73(b)(2). Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate. CONCLUSION AND ORDER Patent Owner’s request for entry of adverse judgment is granted. It is, therefore, ORDERED that adverse judgment against the Patent Owner is entered under 37 C.F.R. § 42.73(b);” slip op. at 2

    None
    Patents in suitUS 6,755,547
  • PTAB · Nov 7, 2014 · IPR2014-00357 · APJ Thomas L Giannetti · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner after it cancelled claims 9–20, the only claims instituted for review.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “DISCUSSION A party may request entry of adverse judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Here, Patent Owner has cancelled each claim for which inter partes review has been instituted, and thus Patent Owner has no remaining claim in the trial. Id. § 42.73(b)(2). Under these circumstances, the entry of judgment adverse to the Patent Owner and cancellation of the claims as requested is appropriate.” slip op. at 2

    None
    Patents in suitUS 8,468,199
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