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  • PTAB · Oct 1, 2025 · IPR2025-00603 · APJ Grace Karaffa Obermann · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner based on its statutory disclaimer of claims 1–18, then terminated the proceeding.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “In other words, the Smith & Nephew decision makes plain that entry of adverse judgment (as opposed to a denial without adverse judgment) is appropriate in situations where a patentee seeks to regain, through continued prosecution, subject matter that is patentably indistinct from previously surrendered subject matter. Id. That is precisely the situation at hand. Claim 43, pending in the ’822 continuation application, is of the same or broader scope than disclaimed claim 1 of the ’529 patent, as shown in Petitioner’s claim chart:” slip op. at 4

    None
    Patents in suitUS 11,332,529
  • PTAB · Aug 28, 2024 · IPR2023-01347 · APJ Sheridan K Snedden · IPR · Adverse judgment

    The Board granted Patent Owner’s unopposed request for adverse judgment and cancelled claim 16 after Patent Owner disclaimed all interest in it.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “DISCUSSION Under 37 C.F.R. § 42.73(b), “[a] party may request judgment against itself at any time during a proceeding.” While the motion for adverse judgment was initiated by Petitioner, Patent Owner does not oppose the motion and the record shows that Patent Owner has disclaimed all interest in claim 161 such that Patent Owner has no remaining claim in the trial, actions that are construed to be a request for adverse judgment. Id.” slip op. at 3

    None
    Patents in suitUS 10,633,344
  • PTAB · May 12, 2014 · IPR2014-00586 · APJ Lora M Green · IPR · Adverse judgment

    The Board granted the parties’ joint motion to terminate the proceeding before institution and ordered the proceeding terminated.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “This case is in the preliminary proceeding1 stage; no institution of a trial has been made. Based on the facts of this case, it is appropriate to enter judgment.2 Therefore, the joint motion to terminate the proceeding is GRANTED.” slip op. at 2

    None
    Patents in suitUS 8,278,351
  • PTAB · May 12, 2014 · IPR2014-00466 · APJ Lora M Green · IPR · Adverse judgment

    The Board granted the parties’ joint motion and terminated the proceeding before institution because the parties settled.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “This case is in the preliminary proceeding1 stage; no institution of a trial has been made. Based on the facts of this case, it is appropriate to enter judgment.2 Therefore, the joint motion to terminate the proceeding is GRANTED.” slip op. at 2

    None
    Patents in suitUS 8,383,675

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.