- Crowdstrike, Inc. v. Gosecure, Inc.Some claims unpatentablePTAB · Aug 12, 2026 · IPR2025-00070 · APJ Neil T Powell · IPR · Final written decision
Claims 1, 3–7, and 9–21 are unpatentable as obvious; claims 2 and 8 were not shown unpatentable because the asserted art did not meet their construed limitations.
RulingsFinal written decision- Skill levelSkill level petitioner adoptedDecided for petitioner
“III. ANALYSIS LEVEL OF ORDINARY SKILL A. Petitioner explains the applicable level of skill in the art as follows: As of June 24, 2010, a person of ordinary skill in the art (POSITA) would be a person having a bachelor’s degree in computer science, computer engineering, or an equivalent, as well as two years of industry experience and who would have had a working knowledge of software security analysis, and dynamic malware analysis. Additional graduate education could substitute for professional experience, or significant experience in the field could substitute for formal education. Pet. 8 (Ex. 1003 ¶¶ 30–31). Patent Owner does not dispute Petitioner’s explanation of the level of skill in the art. See Ex. 2031 ¶¶ 15–16. We adopt Petitioner’s uncontested proposed level of ordinary skill in the art, which we find consistent with the level of ordinary skill in the art reflected by the ’872 patent and the prior art of record. See Okajima v.” slip op. at 12
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed petitioner constructionDecided for petitioner
“We begin with the claim language in view of the Specification, which weighs heavily against Patent Owner’s position that we should rewrite “computer system” as narrowly referring to a “computing device.” PO Resp. 24. As Petitioner notes, the ’872 patent’s Specification uses “computer system” to refer to a wide range of equipment, from a component of a computing device, to a whole computing device, to a collection of computing devices. Reply 9–10 (citing Ex. 1001, 4:5–8, 11:15–18, 16:50–55). In one example, the Specification refers to “one or more other computer systems (e.g., protected network devices 136).” Ex. 1001, 18:52–53. Thus, the Specification lists “protected network devices 136” as only an example of “other computer systems,” demonstrating that “computer systems” refers to things other than protected network devices. Although Patent Owner may be correct that this passage more than a single computing device,” we find that other disclosures in the ’872 patent do. Specifically, the Specification uses the language “distributed computer system” when referring to numerous components, including “protected network devices” and an “IDS/IPS system.” Ex. 1001, 3:26–28; Reply 10. In addition to showing that a “computer system” is not limited to a single computing device, this conveys that a “computer system” according to the ’872 patent can include an IDS/IPS.” slip op. at 14
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundDecided for petitioner
“Based on our review of the complete record, we find Petitioner’s arguments and evidence to be more persuasive. Patent Owner does not dispute Petitioner’s argument and evidence that capturing detailed information like Goel’s activity sources, activity targets, and association was recognized as enhancing threat analysis. Pet. 44 (citing Ex. 1003 ¶ 79); see PO Resp. 55–59; Sur-Reply 15–17. Additionally, contrary to Patent Owner’s suggestion, we find that the Petition does not propose incorporating Goel’s kernel hooks into Capalik’s system. See Pet. 41–46. Patent Owner contends that the Petition’s reference to modifying Capalik by “adding lines of code” suggests implementing the code disclosed in Goel include kernel hooks. Id. Notwithstanding Patent Owner’s assertion otherwise, this is an unpersuasive bodily incorporation argument, as the Petition never says an ordinarily skilled artisan would have used the exact lines of code from Goel in Capalik. Rather, the Petition says that an ordinarily skilled artisan would have had sufficient skill to implement straightforward code modifications to identify activity sources, targets, and associations: a [person of ordinary skill in the art] would have understood that modifying Capalik’s system (e.g., Linux-based) to additionally monitor, identify, and store each individual activity of an attack including “activity sources, activity targets, and associations” would have required straightforward modifications to programs/code instructions, which would have been well-within the skillset of a [person of ordinary skill in the art]. Pet. 46. Patent Owner argues that Petitioner does not explain how an ordinarily skilled artisan would have modified Capalik without using kernel hooks. Sur-Reply 17. But Patent Owner does not cite any evidence to counter Dr. Jakobsson’s testimony that an ordinarily skilled artisan would have had the skill to apply Goel’s general teaching of identifying sources, targets, and associations to Capalik’s system. Ex. 1003 ¶ 182. On the whole, the evidence does not support Patent Owner’s position that the combination would have required substantially increased detection risk. Moreover, even if the combination would have somewhat increased detection risk, Petitioner persuades us that an ordinarily skilled artisan still would have had reason to combine the references teachings. Patent Owner’s allegations of increased detection risk do not negate the undisputed evidence that the combination would have provided the advantage of improved threat analysis. Pet. 44 (citing Ex. 1003 ¶¶ 175–182). Ultimately, Patent Owner’s that activity logging be undetectable.” PO Resp. 56 (emphasis added) (citing Ex. 1004 ¶ 6). This exaggerates Capalik’s disclosure. Although the cited paragraph suggests that certain systems unfortunately may be detectable by some users, it does not convey that it is a requirement for the system to be categorically undetectable. See Ex. 1004 ¶ 6.8 In sum, Petitioner persuades us by a preponderance of the evidence that it would have been obvious to modify Capalik “to identify and store unauthorized activities including the activity source, activity target, and association of each activity.” Pet. 41–46; PO Resp. 55–59; Reply 20–22; Sur-Reply 15–17.” slip op. at 47
- Obviousness (§103) › Objective indicia / secondary considerations › NexusObjective indicia no nexusDecided for patent owner
“arguments and evidence, we determine that Patent Owner fails to sufficiently show a nexus between any of its objective indicia evidence and the claimed invention. See Fox Factory, Inc. v. SRAM, LLC, 944 F.3d 1366, 1373 (Fed. Cir. 2019) (“The patentee bears the burden of showing that a nexus exists”). A showing of sufficient nexus is required to establish that the evidence relied upon traces its basis to a novel element in the claim, not to something in the prior art. Institut Pasteur & Universite Pierre Et Marie Curie v. Focarino, 738 F.3d 1337, 1347 (Fed. Cir. 2013). Objective evidence that results from something that is not “both claimed and novel in the claim” lacks a nexus to the merits of the invention. In re Kao, 639 F.3d 1057, 1068 (Fed. Cir. 2011) (emphasis omitted). Thus, establishing nexus involves a showing that novel elements in the claim, not prior-art elements, account for the objective evidence of nonobviousness. Id. As discussed above, Petitioner shows that Capalik teaches all limitations of claim 1. Petitioner persuades us that none of claim 1’s elements individually nor any combination thereof is novel over Capalik’s disclosure. Accordingly, claim 1 is not novel over Capalik, which disproves Patent Owner’s assertion of nexus. PO Resp. 73–76. Moreover, even if claim 1 were novel, Patent Owner otherwise fails to show nexus for its commercial success, praise, or copying assertions. Patent Owner’s evidence does not show that Petitioner’s commercial product embodies claim 1. For example, we agree with Petitioner that Patent Owner “failed to analyze any meaningful detail regarding” how the Falcon Platform allegedly meets limitation 1(d). Reply 28–29. In particular, Patent Owner has not sufficiently addressed limitation 1(d) with the following argument: “1[D] The Falcon Platform transmitted to other computer systems” slip op. at 37
Patent outcomesUS 9,954,872 mixedClaim construction§ 103 obviousnesscites PhillipsPatents in suitUS 9,954,872 - Dr. Squatch, LLC v. The Procter & Gamble CompanyAll claims unpatentablePTAB · Mar 25, 2026 · IPR2024-01498 · APJ Sheridan K Snedden · IPR · Final written decision
Claims 1–19 are unpatentable as obvious over the Lesniak- and Native-based grounds; the Squatch and Sturgis ground fails because Squatch was not shown to be a printed publication.
RulingsFinal written decision- BurdenDecided for patent owner
“We agree with Patent Owner that Petitioner has not shown sufficiently that Squatch is a printed publication. As described above, Petitioner relies on Squatch as a “website excerpt” placed on its site at the relevant time, but has not produced a screen shot of the website to show that it ever existed. See Ex. 1059. Petitioner provides internal documents that purport to describe what would have been on Dr. Squatch’s website at the relevant time, but falls short of establishing what was on the website for the interested consumer to view. Thus, we determine that this ground fails.” slip op. at 55
- Skill levelSkill level petitioner adoptedDecided for petitioner
“or “POSITA”) at the time of the invention “would have (1) at least a B.S. or equivalent degree; and (2) at least two years of experience in cosmetics formulations.” Pet. 17 (citing Ex. 1002 ¶¶ 26–28). Patent Owner does not dispute Petitioner’s proposal about the POSA’s qualifications at this stage of the proceeding. PO Resp. 10. We adopt and apply Petitioner’s proposed definition of a POSA, which is consistent with the level of skill reflected in the asserted prior art. See e.g., Exs. 1003, 1004.” slip op. at 8
- Expert testimonyPetitioner expert creditedPatent owner expert discountedDecided for petitioner
“compositions with the relevant ingredients and achieves stable compositions through the use of a second wax having a melting point of 73 to 90° C. Pet. Reply 6–7 (citing Ex. 1003, 1:39–54). For example, Lesniak’s compositions (nos. 8 and 11) that used such a secondary wax, namely CastorWax MP80, are disclosed as sufficiently stable. Ex. 1003, Table 2. Here, we further credit the testimony of Dr. Michniak-Kohn that Lesniak teaches how to make stable compositions by including a secondary wax, such as castor wax, with a sufficiently high melting point. Ex. 1003, 1:39-54, 5:23-32, Table 2. Both of the compositions (nos. 8 and 11) tested by Lesniak that had such a wax passed the stability tests. Id. Ex. 1086 ¶ 7; see also Pet. Reply 6 (“Lesniak overcame any stability issues, as it expressly discloses compositions that are ‘physically stable at high and low temperatures.’”) (citing Ex. 1003, 5:23–32). Having considered the parties’ positions and evidence of record, summarized above, we determine that Lesniak provides sufficient disclosure to enable a person of ordinary skill in the art to formulate deodorant stick within the parameters of claim 1.” slip op. at 25
- Claim Construction › Intrinsic evidence (Phillips canons) › Preamble limiting or notPreamble limitingDecided for patent owner
“Patent Owner asserts that the preamble of independent claims 1, 16, and 19 reciting “a deodorant stick” is limiting as it provides antecedent basis for the recitation of “said deodorant stick being free of an aluminum salt” for each independent claim. PO Resp. 7–10. Patent Owner also points to dependent claims 6–9 as relying on the preamble reciting “a deodorant stick” as antecedent basis for claim elements. Id. at 9. We agree. Petitioner does not argue to the contrary. See, e.g., Pet. 19 (arguing that Lesniak discloses a deodorant stick in the form of an antiperspirant stick).” slip op. at 8
Patent outcomesUS 11,844,752 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites KSR · GrahamPatents in suitUS 11,844,752 - Avation Medical, Inc. v. Emkinetics, Inc.All claims unpatentablePTAB · Mar 16, 2026 · IPR2024-01378 · APJ John G New · IPR · Final written decision
Claims 1–10 are unpatentable as anticipated by Svihra or obvious over the asserted combinations; the cited non-patent references qualify as printed publications.
RulingsFinal written decision- Novelty / Anticipation (§102) › Anticipation standard (single reference, every element)UnpatentableUnpatentable
“Legal Standards Anticipation A claim is unpatentable as anticipated under 35 U.S.C. § 102 only when “every element and limitation of the claim was previously described in a single prior art reference, either expressly or inherently, so as to place a person of ordinary skill in possession of the invention.” Sanofi-Synthelabo v. Apotex, Inc., 550 F.3d 1075, 1082 (Fed. Cir. 2008). However, a reference may inherently anticipate if a claim limitation that is not expressly disclosed “is necessarily present, or inherent, in the single anticipating reference.” Verizon Servs. Corp. v. Cox Fibernet Va., Inc., 602 F.3d 1325, 1337 (Fed. Cir. 2010). The “very essence of inherency is that one of ordinary skill in the art would recognize that a reference unavoidably teaches the property in question.” Agilent Technologies, Inc. v. Affymetrix, Inc., 567 F.3d 1366, 1383 (Fed. Cir. 2009).” slip op. at 8
- Novelty / Anticipation (§102) › Prior-art status of a reference › Printed publication / public accessibilityPrinted publication establishedDecided for petitioner
“(citing In re Klopfenstein, 380 F.3d 1345, 1350 (Fed. Cir. 2004)). Of particular relevance to the case presently before us is the VidStream court’s holding that “[w]hen there is an established publisher there is a presumption of public accessibility as of the publication date.” VidStream, 981 F.3d at 1065. Hulu addressed, inter alia, whether certain asserted references were shown to be publicly available and could be considered as prior art. IPR2018-01039, Paper 29 at 8. In Hulu, the Board held that, although testimonial evidence is one way to prove public accessibility, there are also various indicia of publication and other evidence that may be considered as a totality of the evidence to determine if an asserted reference was publicly accessible and prior art. Id. at 18. Facts to be considered in analyzing the issue, other than testimonial evidence, include, for example, whether there is an established publisher, a copyright date/notice, other publication-related dates (impression, printing, etc.), an ISBN number, citations to the reference before (and to a lesser degree, after) the priority date at issue corroborating its availability and/or that the publisher was established. Id. at 19–20 (see Valve Corp. v. Ironburg Inventions Ltd., 8 F.4th 1364, 1374 (Fed. Cir. 2021)). Here, we find the totality of evidence supports the conclusion that Petitioner has made a sufficient showing that Svihra and Amarenco (as well as the other identified non-patent references) were printed publications, and publicly accessible, prior to the ’477 patent’s priority date. We note at the outset that Patent Owner does not allege that any contested reference is fabricated, or a counterfeit document, but only that Petitioner has not set forth sufficient facts establishing that such references were published and available. Resp. 4. Svihra bears sufficient indicia of publication to conclude it was a printed publication and publicly accessible as of 2002. Ex. 1004. First, it appears on its face to be a legitimate scientific journal article; it indicates it was included at pages 480–83 in volume 103 (No. 12) of Bratisl Lek Listy, the Bratislava Medical Journal, which was established in 1921. The article identifies that it was received for publication on May 30, 2002, and accepted for publication on December 9, 2002; and multiple means of contact for the author and publisher are provided. Id. at 480, 483. Each of these indicia supports the contention that Svihra was published and publicly available in 2002. There is no direct evidence that Svihra was publicly accessed as of this date, but the article is cited as a reference in each of Exhibits 1085–1087, which further supports that Svihra was, generally, publicly available to interested individuals of ordinary skill in the art, which further corroborates that it was a published and publicly accessible publication. Having an established publisher also creates a presumption of publication for Svihra, which has not been rebutted by Patent Owner. VidStream, 981 F.3d at 1065.” slip op. at 22
- Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentableMotivation foundUnpatentable
“Petitioner also explains why a person of ordinary skill would have been motivated to combine the cited references, again citing specific disclosures from the references, and the supporting testimony of Dr. Wingeier. See Pet. at 27–28. Based on our review of Petitioner’s arguments and the evidence of record, we determine that Petitioner has established, by a preponderance of the evidence, that the cited references teach or suggest all of the limitations of challenged claim 1, and that Petitioner has established why a person of ordinary skill would have been motivated to combine the references, as proposed, with a reasonable expectation of success, for the reasons advocated by Petitioner with respect to Ground 2.” slip op. at 14
- Skill levelSkill level petitioner adoptedDecided for petitioner
“engineering, and at least two years of experience in the design and/or analysis of biomedical devices” and that “[a]dditional work experience could substitute for a formal degree and vice versa.” Pet. 14 (citing Ex. 1003 ¶ 21). Patent Owner does not dispute Petitioner’s proposal. See generally Resp. Because Petitioner’s proposed level of ordinary skill in the art appears to be consistent with the challenged patent and the level of skill in the prior art, we adopt Petitioner’s proposed definition and additionally use the term “skilled artisans” to refer to people with such skill at the time the invention was filed.” slip op. at 10
Patent outcomesUS 9,002,477 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · GrahamPatents in suitUS 9,002,477 - Avation Medical, Inc. v. Emkinetics, Inc.All claims unpatentablePTAB · Mar 16, 2026 · IPR2024-01375 · APJ John G New · IPR · Final written decision
Claims 1–13 are unpatentable as obvious under § 103 over Svihra, Mann, and Ponsford, and independently over Amarenco, Mann, and Ponsford.
RulingsFinal written decision- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownOther
“Ex. 1001, claim 1. In other words, to effectuate “direct” stimulation of the PTN nerve branch, a practitioner of the ’742 patent must: (1) non-invasively position an electrical stimulator relative to a portion of a patient’s body, such that a branch of a posterior tibial nerve within the first portion of the body is directly targeted by the electrical stimulator; (2) passing a current through the electrical stimulator; and (3) delivering an electrical stimulus from the electrical stimulator to the branch of the posterior tibial nerve such that the branch directly receives the electrical stimulation. Merely “placing electrodes over branches of the PTN” cannot be said, in and of itself, to “directly” target and stimulate the branches, as Petitioner argues.” slip op. at 12
- Skill levelSkill level petitioner adoptedDecided for petitioner
“of filing “would have had an undergraduate degree in the field of biomedical engineering or a related discipline, such as electrical engineering, and at least two years of experience in the design and/or analysis of biomedical devices” and that “[a]dditional work experience could substitute for a formal degree and vice versa.” Pet. 21 (citing Ex. 1003 ¶¶ 20–21). Patent Owner does not dispute Petitioner’s proposal. See generally Resp. Because Petitioner’s proposed level of ordinary skill in the art appears to be consistent with the challenged patent and prior art, we adopt this definition, and also use the term “skilled artisan” to refer to persons with such skill at the time the invention was filed.” slip op. at 13
- Expert testimonyPetitioner expert creditedOther
- Obviousness (§103) › Motivation to combine / reasonable expectation of successMotivation foundReasonable expectation foundUnpatentable
“the evidence of record, that a person of ordinary skill in the art would have found it obvious to modify the teachings of Svihra by non-invasively stimulating a nerve branch of the PTN, e.g., the medial or lateral plantar nerves, as taught by Ponsford, to treat OAB/urinary incontinence. A skilled artisan would have understood that the fibers of a given branch of the PTN necessarily constitute a subset of the PTN fibers, stimulation of which is known to be effective in the treatment of OAB/urinary incontinence. See Ex. 1004, 480–481. Just as it was known in the art that stimulation of the much larger sacral nerve, of which the fibers of the PTN form a part, could have beneficial effects in the treatment of incontinence, and that stimulation of the PTN itself could have a similar effect (see Ex. 1084, col. 12, ll. 33–52), so, a skilled artisan could reason, might electrical stimulation of a branch of the PTN exert a similar effect. We also agree that a person of ordinary skill in the art would have been motivated to stimulate a smaller nerve branch of the PTN, rather than the entire PTN itself, so as to minimize undesirable side effects of stimulating the entire PTN, i.e., the recruitment of downstream muscular contraction, as taught by Mann. With respect as to whether a person of ordinary skill in the art would have had a reasonable expectation of success in the treatment of OAB/incontinence via stimulation of a branch of the PTN, rather than the entire PTN itself, we agree with Petitioner that a person of ordinary skill in the art, would understand from Mann that electrical stimulation of the larger, more central sacral nerve could be employed to treat OAB/urinary incontinence, and that a subset of those PTN fibers could be electrically stimulated to achieve a similar effect. See Ex. 1084, col. 12, ll. 33–52. Such a skilled artisan could similarly reason that a subset of those PTN fibers, i.e., a branch of the PTN, particularly major branches such as the plantar nerves, could also be similarly electrically stimulated to treat OAB/urinary incontinence. Although success in such an experiment would not be guaranteed, “only a reasonable expectation of success, not absolute predictability, is necessary for a conclusion of obviousness.” In re Longi, 759 F.2d 887, 897 (Fed. Cir. 1985).” slip op. at 46
Patent outcomesUS 11,224,742 unpatentableClaim construction§ 102 anticipation§ 103 obviousnesscites Phillips · GrahamPatents in suitUS 11,224,742 - Apple Inc. v. S.M.R Innovations Ltd And Y.M.R Tech LtdAll claims unpatentablePTAB · Jan 27, 2026 · IPR2024-01048 · APJ Mary C Hoffman · IPR · Final written decision
Claims 1, 5–8, 10, 11, 13, 15, 16, 18, and 19 are unpatentable as obvious under § 103 over the four stated combinations.
RulingsFinal written decision- Skill levelSkill level patent owner adoptedDecided for patent owner
“Patent Owner does not contend that the differences between the parties’ formulations would affect our patentability analysis. PO Resp. 2–4. Petitioner does not dispute that Patent Owner’s declarant, Mr. Ginter, who has a bachelor’s degree and years of experience in wireless communication, qualifies as a POSITA. Tr. 43; Ex. 2009 ¶¶ 5–10. Petitioner also concedes that its challenges do not hinge on which formulation we accept. Tr. 43. We agree that our decision would be the same regardless of the differences between the formulations. We adopt Patent Owner’s proposed formulation, which is supported by declaration testimony and generally consistent with the level of skill reflected in the ’648 patent and the prior art of record. Ex. 2009 ¶¶ 21–25; Exs. 1001, 1004–1009.” slip op. at 10
- Claim Construction › Intrinsic evidence (Phillips canons) › Plain and ordinary meaning to a POSITATerm construed board ownDecided for petitioner
“We disagree. Although claim 1 recites step 1b before step 1d, method steps are not ordinarily construed to require a specific order of performance unless the claims or Specification directly or implicitly require that specific order. See Altiris, Inc. v. Symantec Corp., 318 F.3d 1363, 1369–70 (Fed. Cir. 2003). Here, nothing in the express claim language precludes performing step 1d before step 1b. The claim does not expressly recite signaling the device(s) previously “identified as available.” Nor does the claim otherwise specify that step 1b must precede step 1d. For example, the claim does not contain temporal terms like “then,” “next,” or “further.” Although Patent Owner points out that a term of step 1d (i.e., “the” one more available devices) derives antecedent basis from step 1b, this alone does not require performing step 1b before step 1d. PO Resp. 5, 10; Sur-reply 11. Rather, we agree with Petitioner that step 1d’s reliance on step 1b for antecedent basis only serves to clarify that the steps refer to the same device(s), not to determine the performance order. Reply 4, 5. We also agree with Petitioner that claim 1 inconsistently employs antecedent basis for other claim elements, which undermines Patent Owner’s argument that step 1d’s antecedent basis establishes a specific order. Reply 7 (referring to the recited “media content,” “the media content,” and “a media content”).” slip op. at 11
- Obviousness (§103) › Motivation to combine / reasonable expectation of successUnpatentableMotivation foundDecided for petitioner
“We disagree. Petitioner met its burden to show that the combination would have been obvious. Zhang teaches a cellular phone (which logically receives cellular calls) and routing media to audio devices on its network. Ex. 1004, 3:25–29. Missing in Zhang is an explicit teaching that its cellular calls (as opposed to other media) are routed. Pasanen explicitly teaches routing cellular calls to networked audio devices. Ex. 1006; 4:20–37. Taken together, routing Zhang’s cellular calls across its network would have been obvious to a POSITA. Patent Owner’s argument that Zhang-Fillebrown’s 802.11 or HomeRF network do not support routing cellular calls discounts Zhang’s teaching that “its network can be built on top of many different kinds of communication media” including but not limited to 802.11 and HomeRF, as well as the “optional HomeRF features” Petitioner claims would sufficient to implement the claimed functionality. Ex. 1001, 4:46–50; Reply 20–22 (citing Ex. 1037 ¶¶ 13–15); Sur-reply 3–6 (arguing that HomeRF’s isochronous mode and DECT protocol are optional and would not have been necessary to practice Zhang’s subject matter). And though Zhang does not discuss transcoding or specific HomeRF features/protocols, which Patent Owner argues are necessary for routing cellular calls across Zhang’s 802.11 or HomeRF network, we agree with Petitioner that the ’648 patent also provides scant technical details as to how its system routes cellular calls over its local network, suggesting that such was well known at the time. Reply 17 (citing, e.g., Ex. 1001 7:9–25).” slip op. at 28
Patent outcomesUS 10,547,648 unpatentableClaim construction§ 103 obviousnesscites Phillips · KSR · GrahamPatents in suitUS 10,547,648 - Dr. Falk Pharma GmbH v. Ellodi Pharmaceuticals, L.P.Adverse judgmentPTAB · Jan 26, 2026 · IPR2025-00055 · APJ Zhenyu Yang · IPR · Adverse judgment
The Board granted Patent Owner’s motion, entered adverse judgment against Patent Owner on claims 1–42 after statutory disclaimer, and terminated the proceeding.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding. 37 C.F.R. § 42.73(b). Under the Rules, 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). Here, Patent Owner has disclaimed, under 37 C.F.R. § 1.321, claims 1–42 of the ’407 patent, which constitute all challenged claims involved in this trial. See Ex. 2031. We thus construe the statutory disclaimer as a request for entry of adverse judgment. Having reviewed the statutory disclaimer, we determine that adverse judgment against Patent Owner with respect to claims 1–42 of the ’407 patent is appropriate.” slip op. at 2
NonePatents in suitUS 9,486,407 - Dr. Falk Pharma GmbH v. Ellodi Pharmaceuticals, L.P.Adverse judgmentPTAB · Jan 23, 2026 · IPR2025-00054 · APJ John G New · IPR · Adverse judgment
The Board granted Patent Owner’s unopposed motion and entered adverse judgment against Patent Owner as to claims 1–16 after statutory disclaimer.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“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.” 37 C.F.R. § 42.73(b)(1). We find that good cause exists to grant Patent Owner’s unopposed request for adverse judgment and to terminate this proceeding. Consequently, we grant Patent Owner’s Motion to Terminate and Request for Adverse Judgment. slip op. at 2
NonePatents in suitUS 11,246,828 - Dr. Falk Pharma GmbH v. Ellodi Pharmaceuticals, L.P.Adverse judgmentPTAB · Jan 23, 2026 · IPR2025-00052 · APJ John G New · IPR · Adverse judgment
The Board granted Patent Owner’s unopposed motion and entered adverse judgment against Patent Owner as to claims 1–17 following statutory disclaimer of all claims.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“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.” 37 C.F.R. § 42.73(b)(1). We find that good cause exists to grant Patent Owner’s unopposed request for adverse judgment and to terminate this proceeding. Consequently, we grant Patent Owner’s Motion to Terminate and Request for Adverse Judgment. slip op. at 2
NonePatents in suitUS 10,632,069 - Dr. Falk Pharma GmbH v. Ellodi Pharmaceuticals, L.P.Adverse judgmentPTAB · Jan 23, 2026 · IPR2025-00056 · APJ Ryan H Flax · IPR · Adverse judgment
The Board entered adverse judgment against Patent Owner on claims 1–30 after it statutorily disclaimed all claims, and terminated the IPR.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“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.” 37 C.F.R. § 42.73(b)(1). We find good cause exists to grant Patent Owner’s unopposed request for adverse judgement and to terminate this proceeding. Thus, we grant Patent Owner’s Motion to Terminate and Request for Adverse Judgment. slip op. at 2
NonePatents in suitUS 11,260,061 - Mylan Pharmaceuticals Inc. / Teva Pharmaceuticals USA, Inc. et al. v. Bayer Pharma AktiengesellschaftAdverse judgmentPTAB · Jan 12, 2026 · IPR2022-01513 · APJ Ryan H Flax · IPR · Adverse judgment
The Board granted Petitioners’ withdrawal and entered adverse judgment against them on remanded claims 5–8; claims 1–4 remained affirmed as unpatentable.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . . [a]bandonment of the contest.” 37 C.F.R. §42.73(b)(4). We find good cause exists to grant Petitioners’ request to withdraw from the proceedings, which is a request for adverse judgement (with respect to challenged claims 5–8). slip op. at 3
NonePatents in suitUS 10,828,310
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.