- Mylan Pharmaceuticals Inc. / Teva Pharmaceuticals USA, Inc. et al. v. Bayer Pharma AktiengesellschaftAdverse judgmentPTAB · Jan 12, 2026 · IPR2022-01515 · APJ Ryan H Flax · IPR · Adverse judgment
The Board granted Petitioners’ withdrawal request and entered adverse judgment against them as to 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 - Mylan Pharmaceuticals Inc. / Teva Pharmaceuticals USA, Inc. et al. v. Bayer Pharma AktiengesellschaftAdverse judgmentPTAB · Jan 12, 2026 · IPR2022-00517 · APJ Ryan H Flax · IPR · Adverse judgment
The Board granted Petitioners’ withdrawal request and entered adverse judgment against them as to claims 5–8 after remand.
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 - Ipr2025-01199InstitutedPTAB · Jan 9, 2026 · IPR2025-01199 · APJ John A Squires · IPR · Director review
The Director granted institution of IPR2025-01199 after finding a reasonable likelihood of success on at least one challenged claim and no nondiscretionary basis for denial.
RulingsDirector review decision- Director reviewDirector review, grantedGranted
“Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings:” slip op. at 3
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings:” slip op. at 3
NonePatents in suitUS 11,825,860 - Ipr2025-01190InstitutedPTAB · Jan 9, 2026 · IPR2025-01190 · APJ John A Squires · IPR · Director review
The Director granted institution of IPR2025-01190 after finding a reasonable likelihood of prevailing on at least one challenged claim and no non-discretionary basis to deny institution.
RulingsDirector review decision- Director reviewDirector review, grantedGranted
“Before JOHN A. SQUIRES, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.” slip op. at 1
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings:” slip op. at 3
NonePatents in suitUS 11,641,661 - Ipr2025-01164InstitutedPTAB · Jan 9, 2026 · IPR2025-01164 · APJ John A Squires · IPR · Director review
The Director granted institution of IPR2025-01164, finding a reasonable likelihood of prevailing on at least one challenged claim and no other non-discretionary basis for denial.
RulingsDirector review decision- Director reviewDirector review, grantedGranted
“Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings:” slip op. at 3
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“Pursuant to 35 U.S.C. § 314(a), after review of the merits, the petitioner has shown a reasonable likelihood of prevailing with respect to at least one of the claims challenged in the petition, and no other non-discretionary considerations warrant denial of institution. Accordingly, institution of inter partes review is granted in the following proceedings:” slip op. at 3
NonePatents in suitUS 12,004,262 - Meta Platforms, Inc. v. Mullen Industries LLCAdverse judgmentPTAB · Dec 19, 2025 · IPR2025-00740 · APJ Ken B Barrett · IPR · Adverse judgment
The Board denied Patent Owner’s motions to dismiss and entered adverse judgment after Patent Owner disclaimed all challenged claims in the captioned trials.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“provide that “[a] party may request judgment against itself at any time during a proceeding,” and “[a]ctions construed to be 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)(2). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018).” slip op. at 6
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“Constitution that there exist a case or controversy to be adjudicated by a district court. See Sanofi-Aventis, 933 F.3d at 1372–73. The Board is not a district court or any other Article III court, and Patent Owner has not shown persuasively that Sanofi-Aventis supports its argument that dismissal, as opposed to adverse judgement, is appropriate.” slip op. at 3
NonePatents in suitUS 10,828,559 - Meta Platforms, Inc. v. Mullen Industries LLCAdverse judgmentPTAB · Dec 19, 2025 · IPR2025-00703 · APJ Ken B Barrett · IPR · Adverse judgment
The Board denied Patent Owner’s motions to dismiss and entered adverse judgment against it on claims 1, 2, 11, and 13 of the challenged patent after their disclaimer.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“provide that “[a] party may request judgment against itself at any time during a proceeding,” and “[a]ctions construed to be 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)(2). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018). In this case, Patent Owner, after the institution decisions, disclaimed the challenged claims such that there are no remaining claims in the trials. Patent Owner presents no persuasive reasons why we should not apply Rule 42.73 or why termination or dismissal is more appropriate. Under the IPR2025-00745 (Patent 9,662,582 B2) IPR2025-00746 (Patent 10,974,151 B2) circumstances of these cases, we construe the filing of disclaimers as requests for adverse judgment.” slip op. at 6
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“In the Motions, Patent Owner, relying on Sanofi-Aventis U.S., LLC v. Dr. Reddy’s Lab’ys, Inc., argues that, “[b]ecause all claims at issue have been disclaimed, any case or controversy over the claims is moot,” and, “[a]ccordingly, the IPR[s] should be dismissed.” Mot. 2 (citing Sanofi- Aventis U.S., LLC v. Dr. Reddy’s Lab’ys, Inc., 933 F.3d 1367, 1373 (Fed. Cir. 2019)). Sonofi-Aventis pertains to the requirement under Article III of the Constitution that there exist a case or controversy to be adjudicated by a district court. See Sanofi-Aventis, 933 F.3d at 1372–73. The Board is not a district court or any other Article III court, and Patent Owner has not shown persuasively that Sanofi-Aventis supports its argument that dismissal, as opposed to adverse judgement, is appropriate.” slip op. at 3
- PTAB / AIA Trials › Institution threshold (reasonable likelihood / more likely than not)InstitutedInstituted
“above-captioned cases requesting inter partes review of certain claims (“the challenged claims”) of the subject U.S. Patents. See, e.g., IPR2025-00702, Paper 1. Mullen Industries LLC (“Patent Owner”) filed Preliminary Responses to the Petitions. See, e.g., IPR2025-00702, Paper 10. Because we determined that Petitioner had demonstrated a reasonable likelihood that it would prevail with respect to at least one challenged claim in each case, we instituted inter partes review of all challenged claims on all asserted grounds in all of the cases. See, e.g., IPR2025-00702, Paper 11.” slip op. at 2
NonePatents in suitUS 11,033,821 - Meta Platforms, Inc. v. Mullen Industries LLCAdverse judgmentPTAB · Dec 19, 2025 · IPR2025-00702 · APJ Ken B Barrett · IPR · Adverse judgment
The Board denied Mullen’s motions to dismiss and entered adverse judgment after Mullen disclaimed all challenged claims in the instituted trials.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“provide that “[a] party may request judgment against itself at any time during a proceeding,” and “[a]ctions construed to be 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)(2). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018).” slip op. at 6
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Motion to exclude, deniedDenied
“Constitution that there exist a case or controversy to be adjudicated by a district court. See Sanofi-Aventis, 933 F.3d at 1372–73. The Board is not a district court or any other Article III court, and Patent Owner has not shown persuasively that Sanofi-Aventis supports its argument that dismissal, as opposed to adverse judgement, is appropriate.” slip op. at 3
NonePatents in suitUS 10,967,270 - Meta Platforms, Inc. v. Mullen Industries LLCAdverse judgmentPTAB · Dec 19, 2025 · IPR2025-00737 · APJ Ken B Barrett · IPR · Adverse judgment
The Board denied Mullen’s motions to dismiss and entered adverse judgment against it on claims 1, 2, 4-7, 13, and 17 after those claims were disclaimed post-institution.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“We determine that Petitioner has the better position. Our rules provide that “[a] party may request judgment against itself at any time during a proceeding,” and “[a]ctions construed to be 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)(2). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018). In this case, Patent Owner, after the institution decisions, disclaimed the challenged claims such that there are no remaining claims in the trials. Patent Owner presents no persuasive reasons why we should not apply Rule 42.73 or why termination or dismissal is more appropriate. Under the IPR2025-00745 (Patent 9,662,582 B2) IPR2025-00746 (Patent 10,974,151 B2) circumstances of these cases, we construe the filing of disclaimers as requests for adverse judgment.” slip op. at 6
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“Constitution that there exist a case or controversy to be adjudicated by a district court. See Sanofi-Aventis, 933 F.3d at 1372–73. The Board is not a district court or any other Article III court, and Patent Owner has not shown persuasively that Sanofi-Aventis supports its argument that dismissal, as opposed to adverse judgement, is appropriate.” slip op. at 3
NonePatents in suitUS 8,585,476 - Meta Platforms, Inc. v. Mullen Industries LLCAdverse judgmentPTAB · Dec 19, 2025 · IPR2025-00738 · APJ Ken B Barrett · IPR · Adverse judgment
The Board denied Patent Owner’s motions to dismiss and entered adverse judgment after Patent Owner disclaimed all challenged claims, including claims 1, 2, 11, and 13 of the ’582 patent.
RulingsAdverse judgment- Adverse judgmentAdverse judgmentGranted
“provide that “[a] party may request judgment against itself at any time during a proceeding,” and “[a]ctions construed to be 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)(2). “The application of the [adverse judgment] rule on its face does not turn on the patentee’s characterization of its own request.” Arthrex, Inc. v. Smith & Nephew, Inc., 880 F.3d 1345, 1349 (Fed. Cir. 2018).” slip op. at 6
- PTAB / AIA Trials › Other PTAB motions (exclude, strike, seal, additional discovery, rehearing)Denied
“In the Motions, Patent Owner, relying on Sanofi-Aventis U.S., LLC v. Dr. Reddy’s Lab’ys, Inc., argues that, “[b]ecause all claims at issue have been disclaimed, any case or controversy over the claims is moot,” and, “[a]ccordingly, the IPR[s] should be dismissed.” Mot. 2 (citing Sanofi- Aventis U.S., LLC v. Dr. Reddy’s Lab’ys, Inc., 933 F.3d 1367, 1373 (Fed. Cir. 2019)). Sonofi-Aventis pertains to the requirement under Article III of the Constitution that there exist a case or controversy to be adjudicated by a district court. See Sanofi-Aventis, 933 F.3d at 1372–73. The Board is not a district court or any other Article III court, and Patent Owner has not shown persuasively that Sanofi-Aventis supports its argument that dismissal, as opposed to adverse judgement, is appropriate.” slip op. at 3
NonePatents in suitUS 9,744,448
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.