- Samsung Bioepis Co., Ltd. / Celltrion, Inc. et al. v. Regeneron Pharmaceuticals, Inc.Adverse judgmentPTAB · Jul 23, 2024 · IPR2024-00298 · APJ Ryan H Flax · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–30 after it disclaimed every challenged claim, terminating the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005.” slip op. at 2
NonePatents in suitUS 11,253,572 - Samsung Bioepis Co., Ltd. / Celltrion, Inc. et al. v. Regeneron Pharmaceuticals, Inc.Adverse judgmentPTAB · Jul 23, 2024 · IPR2024-00260 · APJ Ryan H Flax · IPR · Adverse judgment
Adverse judgment was entered against Patent Owner as to claims 1–30 after it disclaimed all challenged claims, and the proceeding was terminated.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005. We grant Patent Owner’s request. Several exhibits filed in this proceeding were done so under seal as” slip op. at 2
NonePatents in suitUS 11,253,572 - Samsung Bioepis Co., Ltd. / Celltrion, Inc. et al. v. Regeneron Pharmaceuticals, Inc.Adverse judgmentPTAB · Jul 23, 2024 · IPR2023-00884 · APJ Ryan H Flax · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–30 after their disclaimer and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Under 37 C.F.R. § 42.72, “[t]he Board may terminate a trial without rendering a final written decision, where appropriate . . . .” Further, 37 C.F.R. § 42.73(b)(1) and (2) together state that, “[a] party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include . . . [d]isclaimer of the involved application or patent [and] [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Thus, in disclaiming every claim in the ’572 patent, Patent Owner has constructively requested adverse judgement. Ex. 3005. We grant Patent Owner’s request. Several exhibits filed in this proceeding were done so under seal as” slip op. at 2
NonePatents in suitUS 11,253,572 - PTAB · Feb 21, 2024 · IPR2023-01312 · APJ Jamie T Wisz · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–18 after Patent Owner disclaimed all claims, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“requisite fees. See Ex. 2104; see also 37 C.F.R. § 1.321 (setting forth requirements for statutory disclaimer). Under 37 C.F.R. § 42.73(b), “[a]ctions construed to be a request for adverse judgment include . . . (2) [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Because Patent Owner has disclaimed all claims of the ’992 patent, we construe this disclaimer as a request for adverse judgment, and we enter adverse judgment against the Patent Owner with respect to claims 1–18 of the ’992 patent. Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–18 of U.S. Patent No. 10,464,992 B2; and” slip op. at 2
NonePatents in suitUS 10,464,992 - PTAB · Feb 21, 2024 · IPR2023-00462 · APJ Jamie T Wisz · IPR · Adverse judgment
After Patent Owner disclaimed claims 1–18, the Board entered adverse judgment against Patent Owner on those claims and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“Patent Owner has disclaimed all claims of the ’992 patent and paid the requisite fees. See Ex. 2104; see also 37 C.F.R. § 1.321 (setting forth requirements for statutory disclaimer). Under 37 C.F.R. § 42.73(b), “[a]ctions construed to be a request for adverse judgment include . . . (2) [c]ancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” Because Patent Owner has disclaimed all claims of the ’992 patent, we construe this disclaimer as a request for adverse judgment, and we enter adverse judgment against the Patent Owner with respect to claims 1–18 of the ’992 patent. Accordingly, it is ORDERED that judgment is entered under 37 C.F.R. § 42.73(b) against Patent Owner with respect to claims 1–18 of U.S. Patent No. 10,464,992 B2; and” slip op. at 2
NonePatents in suitUS 10,464,992 - Sabinsa Corporation v. Franco CavaleriAdverse judgmentPTAB · Jan 13, 2023 · PGR2022-00015 · APJ Susan L C Mitchell · PGR · Adverse judgment
The Board granted Patent Owner’s request for adverse judgment, canceled claims 1–7, and terminated the proceeding after Patent Owner requested cancellation of all claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“time during a proceeding. 37 C.F.R. § 42.73(b). Actions construed to be a request for adverse judgment include cancellation of patent claims such that a party has no remaining claim in the trial. 37 C.F.R. § 42.73(b)(2). Patent Owner’s request to cancel claims 1–7 of the ’970 patent leaves no claim remaining in the trial. Accordingly, entry of adverse judgment against Patent Owner pursuant to 37 C.F.R. § 42.73(b) is appropriate. III. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Entry of Adverse Judgment pursuant to 37 C.F.R. § 42.73(b) is granted;” slip op. at 2
NonePatents in suitUS 10,945,970 - Hulu, LLC v. Pucs, Inc.Adverse judgmentPTAB · Jan 10, 2022 · IPR2021-00811 · APJ Joni Y Chang · IPR · Adverse judgment
The Board entered adverse judgment against Pucs, Inc. on claims 1–7 after the patent owner disclaimed all claims remaining in the instituted trial.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“proceeding. 37 C.F.R. § 42.73(b). 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.” Id. Patent Owner disclaims claim 1−7 of the 619 patent, which are all claims for which trial was instituted such that there are no remaining claims in the trial. Ex. 2005, 1. In its Request for Judgment, Patent Owner requests adverse judgment against itself with respect to the claims of the ’619 patent. Paper 18, 1.” slip op. at 2
NonePatents in suitUS 10,728,619 - Solaredge Technologies Ltd. v. Sma Solar Technology, AG.Adverse judgmentPTAB · Nov 30, 2021 · IPR2020-00965 · APJ Thu A Dang · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–23 after it disclaimed those claims, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION Actions construed as a request for 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). Here, Patent Owner has disclaimed claims 1–23 of the ’630 patent under 35 U.S.C. § 253 according to the procedures set forth in 37 C.F.R. § 1.321(a). See Ex. 2102, 1. We agree with Petitioner that 37 C.F.R. § 42.73(b) provides that the Board should construe Patent Owner’s statutory disclaimer to be a request that the Board enter adverse judgment against it with respect to claims 1–23, the only claims at issue in this trial. Pet. Reply 1; see also Unified Patents, LLC v. Arsus, LLC, IPR2020-00948, Paper 18 at 2 (PTAB Jan. 27, 2021) (construing statutory disclaimer of all challenged claims as request for adverse judgment), aff’d Case No. 2021-1648, 2021 WL 5315423 (Fed. Cir. Nov. 16, 2021).” slip op. at 3
NonePatents in suitUS 8,779,630 - Solaredge Technologies Ltd. v. Sma Solar Technology, AG.Adverse judgmentPTAB · Nov 30, 2021 · IPR2020-00964 · APJ Thu A Dang · IPR · Adverse judgment
The Board entered adverse judgment against the Patent Owner on claims 1–23 after it disclaimed those claims, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“DISCUSSION Actions construed as a request for 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). Here, Patent Owner has disclaimed claims 1–23 of the ’630 patent under 35 U.S.C. § 253 according to the procedures set forth in 37 C.F.R. § 1.321(a). See Ex. 2002, 1. We agree with Petitioner that 37 C.F.R. § 42.73(b) provides that the Board should construe Patent Owner’s statutory disclaimer to be a request that the Board enter adverse judgment against it with respect to claims 1–23, the only claims at issue, in this trial. Pet. Reply 1; see also Unified Patents, LLC v. Arsus, LLC, IPR2020-00948, Paper 18 at 2 (PTAB Jan. 27, 2021) (construing statutory disclaimer of all challenged claims as request for adverse judgment), aff’d Case No. 2021-1648, 2021 WL 5315423 (Fed. Cir. Nov. 16, 2021)..” slip op. at 3
NonePatents in suitUS 8,779,630 - Redfin Corporation v. Corelogic Solutions, LLCAdverse judgmentPTAB · Mar 16, 2015 · CBM2014-00027 · APJ Brian J Mcnamara · CBM · Adverse judgment
The Board granted Patent Owner’s motion for adverse judgment after disclaimer and ordered claims 2–4, 7–8, and 11–20 cancelled.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“concerning the status of this case. On March 12, 2015, we authorized Patent Owner to file a Motion for Adverse Judgment. On March 12, 2015, Patent Owner filed its Motion for Adverse Judgment, in which Patent Owner disclaimed claims 2–4, 7, 8, and 11–20. Paper 18. Having disclaimed all the claims involved in this proceeding, Patent Owner’s Motion for Adverse Judgment is GRANTED and claims 2–4, 7, 8, and 11–20 will be cancelled. ORDER In consideration of the above, it is ORDERED that Patent Owner’s Motion for Adverse Judgment is GRANTED; and FURTHER ORDERED, that claims 2–4, 7, 8 and 11–20 of U.S. Patent No. 5,361,201 shall be cancelled.” slip op. at 2
NonePatents in suitUS 5,361,201
Holdings, summaries, rulings, issues, outcomes, winners and claim constructions shown for a decision were generated by a large language model reading the opinion. They are a guide to the decision, not the decision. Confirm every one against the court's own text before relying on it. Outcomes read from the patent owner’s side. Party names are extracted from the decision and are missing on about 900 short Director denials and scans, which carry the trial number instead.