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  • PTAB · Jul 12, 2023 · IPR2022-01172 · APJ Jon M Jurgovan · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–4, 6, and 9 after it disclaimed those claims.

    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 has disclaimed, under 37 C.F.R. § 1.321(a), claims 1–4, 6, and 9 of the ’397 patent, and explicitly requests that the Board enter adverse judgment against it with respect to claims 1–4, 6, and 9, the only claims at issue in this trial. Ex. 3001. Based on Patent Owner’s communication, and our review of Exhibit 2029, we determine that entry of judgment against Patent Owner with respect to claims 1–4, 6, and 9 of the ’397 patent is appropriate.” slip op. at 2

    None
    Patents in suitUS 10,564,397
  • PTAB · Jun 30, 2023 · IPR2022-01170 · APJ Norman H Beamer · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1–2 and 6–10 after their disclaimer, and vacated all scheduled due dates.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “II. DISCUSSION A party may request judgment against itself at any time during a 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 has disclaimed, under 37 C.F.R. § 1.321(a), claims 1–2 and 6–10 of the ’487 patent, and explicitly requests that the Board enter adverse judgment against it with respect to claims 1–2 and 6–10, the only claims at issue in this trial. Ex. 3001. Based on Patent Owner’s communication, and our review of Exhibit 2024, we determine that entry of judgment against Patent Owner with respect to claims 1–2 and 6–10 of the ’487 patent is appropriate.” slip op. at 2

    None
    Patents in suitUS 10,209,487

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