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11 decisions · 364msnewest first
  • PTAB · Oct 1, 2026 · PGR2026-00035 · APJ Robert L Kinder · PGR · Adverse judgment

    The Board entered adverse judgment against Patent Owner for abandoning the contest and canceled the sole challenged claim.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Pursuant to our rules, “[a]ctions construed to be a request for adverse judgment include . . . [a]bandonment of the contest.” 37 C.F.R. § 42.73(b)(4). Our prior order warned that a failure to respond would be construed as an abandonment of the contest under 37 C.F.R. § 42.73(b)(4), and that entry of judgment adverse to Patent Owner and cancellation of the challenged claim may follow. Show Cause Order, 2. Because Patent Owner did not respond by the September 15, 2026, deadline and has not entered an appearance in this proceeding, we determine that Patent Owner has abandoned the contest. Under these circumstances, we enter judgment adverse to the Patent Owner and cancel the challenged design claim.” slip op. at 2

    None
  • PTAB · Feb 17, 2023 · PGR2022-00046 · APJ Robert L Kinder · PGR · Adverse judgment

    The Board entered adverse judgment against Patent Owner after it disclaimed the sole challenged claim, which the Board cancelled.

    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.” slip op. at 3

    None
  • PTAB · Apr 14, 2017 · IPR2016-00911 · APJ Josiah C Cocks · IPR · Adverse judgment

    The Board granted Kolcraft’s request for adverse judgment and ordered claims 46–50 cancelled.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “unpatentability applied to claims 46–50 of U.S. Patent No. 7,458,114 B2 (“the ’114 patent”). Paper 8, 18. Patent Owner, Kolcraft Enterprises, Inc. (“Kolcraft”), now requests judgment against itself pursuant to 37 C.F.R. § 42.73(b).1 Paper 13. As a part of that request, Kolcraft also seeks cancellation of claims 46–50 of the ’114 patent. Id. Kolcraft’s request for adverse judgment against it is granted. In so granting that request, and as sought by Kolcraft, no claims of the ’114 patent remain in this proceeding. It is ORDERED that Kolcraft’s request for adverse judgment pursuant to 37 C.F.R. § 42.73(b) is granted; FURTHER ORDERED that claims 46–50 of the ’114 patent will be cancelled;” slip op. at 2

    None
    Patents in suitUS 7,458,114
  • PTAB · Apr 14, 2016 · IPR2015-01002 · APJ Josiah C Cocks · IPR · Adverse judgment

    The Board granted Signal IP’s request for adverse judgment after cancellation of all claims remaining in the trial: claims 8–11, 13, 15, and 17.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “(b) Request for adverse judgment. A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . . (2) Cancellation or disclaimer of a claim such that the party has no remaining claim in the trial.” slip op. at 2

    None
    Patents in suitUS 6,775,601
  • PTAB · Apr 14, 2016 · IPR2015-00941 · APJ Josiah C Cocks · IPR · Adverse judgment

    The Board entered adverse judgment against Signal IP after cancellation of all challenged claims 8–11, 13, 15, and 17.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “(b) Request for adverse judgment. A party may request judgment against itself at any time during a proceeding. Actions construed to be a request for adverse judgment include: . . .” slip op. at 2

    None
    Patents in suitUS 6,775,601
  • 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 · Nov 24, 2015 · IPR2015-01005 · APJ Charles J Boudreau · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 1, 2, 6-9, 13, 14, 21, 22, 26-29, 33, and 34 after cancellation and disclaimer left no trial claims.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “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, claims 21, 26, and 28 of the ’486 patent were cancelled in Reexamination Certificate US 6,434,486 C1 (Ex. 2004), and Patent Owner subsequently disclaimed, under 37 C.F.R. § 1.321, claims 1, 2, 6–9, 13, 14, 22, 23, 27, 29, 30, 33, 34, and 35 of the ’486 patent (Ex. 2005). 1 Patent Owner filed copies of the reexamination certificate and statutory disclaimer referenced in its Updated Notices as Exhibits 2004 and 2005, respectively. Paper 11, 2. Because Patent Owner disclaimed, inter alia, claims 1, 2, 6–9, 13, 14, 22, 27, 29, 33, and 34 of the ’486 patent, constituting all of the claims involved in this trial that had not already been cancelled in the reexamination certificate, we construe Patent Owner’s statutory disclaimer as a request for entry of adverse judgment.” slip op. at 2

    None
    Patents in suitUS 6,434,486
  • PTAB · Nov 24, 2015 · IPR2015-00890 · APJ Charles J Boudreau · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner on claims 21, 23, 26–28, 30, 34, and 35 after cancellation and disclaimer left no instituted claims remaining.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “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, claims 21, 26, and 28 of the ’486 patent were cancelled in Reexamination Certificate US 6,434,486 C1 (Ex. 2004), and Patent Owner subsequently disclaimed, under 37 C.F.R. § 1.321, claims 1, 2, 6–9, 13, 14, 22, 23, 27, 29, 30, 33, 34, and 35 of the ’486 patent (Ex. 2005). 1 Patent Owner filed copies of the reexamination certificate and statutory disclaimer referenced in its Updated Notices as Exhibits 2004 and 2005, respectively. Paper 13, 2. Because Patent Owner disclaimed, inter alia, claims 23, 27, 30, 34, and 35 of the ’486 patent, constituting all of the claims involved in this trial that had not already been cancelled in the reexamination certificate, we construe Patent Owner’s statutory disclaimer as a request for entry of adverse judgment.” slip op. at 2

    None
    Patents in suitUS 6,434,486
  • PTAB · Mar 21, 2014 · IPR2013-00122 · APJ Georgianna W Braden · IPR · Adverse judgment

    The Board entered adverse judgment against Patent Owner, granted cancellation of claims 1–6, and terminated the inter partes review.

    RulingsAdverse judgment
    • Adverse judgmentAdverse judgmentGranted

      “Under 35 C.F.R. § 42.73(b), a party may request judgment against itself at any time during a proceeding. Furthermore, under 37 C.F.R. § 42.73(b)(2), actions construed as a request for entry of adverse judgment include cancellation of a claim such that the party has no remaining claim in the trial. Patent Owner has not only requested cancellation of all claims involved in this inter partes review, such that after the cancellation it will have no remaining claim in the trial, but also expressly requested entry of adverse judgment. Patent Owner’s request to cancel claims 1-6 and request for entry of adverse judgment are granted.” slip op. at 2

    None
    Patents in suitUS 7,909,641
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